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Fourth Amendment of Chinese Patent Law & Draft Implementation Rules: Patent Term Adjustments, Patent Damages, Open Patent License System, and More

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, April 8, 2021

Recorded event now available

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This CLE course will guide patent counsel on the amended Chinese Patent Law and the accompanying draft implementation rules. The panel will examine rules addressing design patents, patent term adjustment and extension, priority claiming, patent damages, and more. The panel will offer best practices for effectively navigating the new Patent Law and implementation rules.

Description

On Oct. 17, 2020, China promulgated the fourth amended Patent Law, which goes into effect on June 1, 2021. Subsequently, the China National Intellectual Property Administration (CNIPA) issued draft implementation rules on Nov. 27, 2020 to implement the amended Patent Law.

While many of the amendments codify practices already in use, other amendments set new standards and create new requirements. While the amended patent law does not elaborate or define a newly introduced term or provision, the draft implementation rules are intended to supply guidance. For example, while the amended patent law establishes the new PTE scheme, it does not elaborate on the definition of "unreasonable delay" that may trigger patent term compensation. The implementation rules provide guidance on reasonable delay, filing requirements, and how the PTE scheme will apply. Companies seeking to protect their IP in China must understand the amended Patent Law and the implementation rules.

Listen as our authoritative panel of patent attorneys examines the amended Chinese Patent Law and implementation rules. The panel will examine rules addressing patent term adjustment, patent term extension, claiming priority, and more. The panel will offer best practices for effectively navigating the new patent law and implementation rules.

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Outline

  1. Amended patent law
  2. Patent term compensation
  3. Patent term extension for pharma patents
  4. Patent linkage system
  5. Patent damages
    1. Punitive damages
    2. Cap for statutory damages
    3. Burden of proof
  6. Administrative authority – local government
  7. Good faith and anti-patent abuse provisions
  8. Design patents
  9. Open patent license system
  10. Priority claims
  11. Best practices for protecting IP under the amended law

Benefits

The panel will review these and other important issues:

  • How the amendments change patent practice in China
  • Patent linkage system
  • Statute of limitations for instituting an infringement suit

Faculty

Moga, Thomas
Thomas T. Moga
Partner
Dykema

Mr. Moga has over 30 years of experience in domestic and international intellectual property portfolio development and...  |  Read More

Qin, Letao
Dr. Letao Qin
Partner
Rimon

Dr. Qin has extensive experience as a patent attorney. Focusing her practice in all aspects of patent and trademark...  |  Read More

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