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SIPO Issues Transitional Measures for Implementing New Patent Law
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The third amendment of Chinese Patent Law shall come into force as of October 1, 2009.  On September 29, 2009, SIPO (State Intellectual Property Office) issued “Transitional Measures for Implementing Amended Patent Law”, which formulated clearly the connecting issues of implementing the pre-amended and the amended patent law.  The main content of the Measures includes: any patent application whose filing date is before October 1, 2009 and the patent right granted according to the application shall be subject to the pre-amended Patent Law, unless there is a specific prescript in the Measures; any application after October 1, 2009 as well as the patent right granted according to it shall be subject to the amended Patent Law; as for any request for a compulsory license to exploit the patent whose application is received before October 1, 2009, it shall be subject to the amended Patent Law; as for any treatment of suspected patent infringement or any investigation of suspected acts of counterfeiting patent by the administrative autority for patent affairs, if the suspected infringement or act of counterfeit happens after October 1, 2009, it shall be subject to the amended Patent Law; any foreign applicant or patentee who commissions or changes patent agencies after October 1, 2009, shall be subject to Article 19 of the amended Patent Law.

 
Source: http://www.sipo.gov.cn

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