SIPO Issues Guidance for Implementation of the Revised Patent Law
On September 29, 2009, the State Intellectual Property Office (“SIPO”) released the Transition Measures for Implementation of the Revised Patent Law (the “Measures”) and the Circular on Several Issues Regarding Implementation of the Revised Patent Law (the “Circular”), both effective October 1, 2009, in order to facilitate implementation of the revised Patent Law. According to the Measures and the Circular, the revised Patent Law will apply to all patent applications filed on or after October 1, 2009, and patents granted due to such applications, while earlier patent applications and patents will continue to be subject to the previous Patent Law (unless specified otherwise). The Measures and the Circular also provide that, on or after October 1, 2009, any entity or individual that seeks to file a patent application in a foreign country in connection with inventions, utility models or designs created in China, without a prior domestic filing, shall first go through a SIPO-conducted confidentiality examination.
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