The Patent Law of PRC (hereinafter referred to as “Patent Law”) was reviewed and adopted by the Standing Committee of the National People's Congress on December 27. 2008. This is the third amendment after the first two amendments in 1992 and 2000. Altogether 36 articles are amended this time, mainly covering 3 chapters including the General Provisions (13 Articles involved), Protection of Patent Right (10 Articles involved) and Compulsory License for Exploitation of Patent (6 Articles involved) and other chapters such as Requirements for Grant of Patent Right (3 Articles involved), Application for Patent (3 Articles involved) and Duration and Invalidation of Patent Right (1 Article involved).

The amendment of Patent Law this time has three features:
1.raising the standards for grant of patent right and adjusting and improving the statutory requirements on novelty of patent;
2.strengthening the administrative punishment against patent infringement and increasing the civil liability of compensation;
3.perfecting the patent compulsory license system to keep in line with the international patent system in the new environment.

The amendment is made based on the 20-year practice of patent work and development of patent system in China. The amended Patent Law could better protect the interest of domestic and foreign patentees and balance it with the public interest. The implementation of amended Patent Law will surely improve the level of granting and protection of patent rights, encourage innovation in the science and technology field and contribute to the building of an innovation-oriented country.

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