By Bill H. Zhang

On December 27, 2008, the China’s highest legislative authority – the Standing Committee of the National People’s Congress (“Standing Committee”) revised the current Patent Law of the People’s Republic of China (“Patent Law”). The revised Chinese Patent Law (“Revised Patent Law”), which will take into effect on October 1, 2009, has dramatically perfected the current Chinese patent regime by improving its former thresholds on patentability for invention, utility model and industrial design, strengthening protection to granted patent, promoting technology spreading and development and further granting applicants more discretionary options to proceed with their patent applications and enforcement. Apart from seeking for balance between patent protection and abuse by developing the patent compulsory license system, the Revised Patent Law has also tried to match up with the stipulations of the relevant international treaties on intellectual property protection. This is a great development and reform of the Chinese patent regime. Foreign enterprises and individuals intending to obtain and enforce patents for their invention, utility model and industrial design shall keep close eye on and acquaint themselves with these new developments.

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