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Brief
description of the notified legal text
The main
revisions to the Patent Law of the People's Republic of China are as follows:
1.
Intensification of patent owners'
lawful rights and interests protection. This includes increasing compensation
for patent infringement, incorporating punitive damages, refining the
evidentiary burden, ameliorating patent administrative enforcement, advancing
pertinent preservation measures, articulating the principles of integrity,
and prohibiting the misuse of rights.
2.
Facilitation of patent utilization
and application. This includes incentivizing the implementation of property
rights for employee-generated inventions, bolstering patent transformation
services, inaugurating an open patent licensing regime, etc.
3.
Refinement of patent granting system.
This includes introducing a protection system for partial designs,
establishing a domestic priority regime for design patent filings, and
extending the duration of design patent rights from ten to fifteen years.
Furthermore, the revisions state the stipulations for patent term
compensation and early resolution of pharmaceutical patent disputes.
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