China, Patent Law Under Revision

Draft Requires First Filing From Foreigners Too. Current Chinese Patent Law requires first filing for inventions created in China just from domestic entities and individuals. The Amendement Draft expands the requirement to include foreigners. Multinational companies have their inventions transferred from Chinese affiliates to foreign parent companies so far, and the foreign parent company may then choose in which country to file first. The Draft will no longer allow this practice, and failure to meet the first-filing-in-China requirement will result in rejection of the relevant Chinese application or invalidation of the relevant Chinese patent.


12/13/2007 | Patent