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Patent Examination Guidelines: A comparative analysis 2006 and 2010

December 2010 


IPR2 has published a comparative analysis of the State Intellectual Property Office's Patent Examination Guidelines, which were updated following the revision of the Patent Law in 2009. It presents the provisions of the updated Guidelines for 2010 in English and Chinese and gives a comparative review of changes from 2006. It is provided free-of-charge and may be downloaded here Patent Examination Guidelines: A Comparative Analysis 2006 and 2010 5.64 MB.

The Guidelines, which came into effect on 1 February 2010, are compiled by both Chinese patent enforcement authorities and applicants and prescribe in detail the documentation required for filing a patent and the ensuing examination process; and include changes to China’s State Intellectual Property Office (SIPO) practice across a range of areas.

The third revision of the Chinese Patent Law was adopted by the Standing Committee of the National People’s Congress (NPC) on 27 December 2008 and came into force on 1 October 2009. The subsequent Judicial Interpretations of the Supreme People’s Court on Several Issues Concerning Adjudicating Patent Infringement Disputes came into effect on 1 January 2010 and the Implementing Regulations of the law, on 1 February 2010.


This forms part of IPR2's work on supporting revision of China's major IP laws.


A full range of draft texts, comments and supporting documents on the Patent Law revision process, including a comparative review of the changes from the Patent Law of 2000 to the Patent Law of 2008, may be found at www.ipr2.org/patentlaw.


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