The Patent Law has been revised three times in one year, with the most recent revision being in 2008.
On August 11, 1950, the Government Affairs Council promulgated the "Interim Regulations on the Protection of Invention Rights and Patent Rights." On October 9, 1950, the Financial and Economic Committee of the Government Affairs Council promulgated the implementation details of the above regulations. On March 19, 1985, China formally acceded to the Paris Convention for the Protection of Industrial Property (Stockholm Act of 1967). The Patent Law of the People's Republic of China came into effect on April 1, 1985.
The "Decision of the Standing Committee of the National People's Congress on Amending the Patent Law of the People's Republic of China" has been adopted by the Standing Committee of the Eleventh National People's Congress of the People's Republic of China. Adopted at the sixth meeting on December 27, 2008, it is now announced and will come into effect on October 1, 2009. Extended information
Patent approval
①Registration system
The Patent Office only conducts a formal review of patent applications. If the procedures and documents are complete, it will be registered and the patent will be granted. rights without conducting substantive review. Those that use the registration system often have low-quality patents. my country's current patent law adopts this approach for utility model patents and design patents. While reducing the pressure for approval, it also causes in practice the problem of an overwhelming number of patents but generally low quality.
② Substantive examination system
That is, not only the formal examination is conducted, but also the novelty, advancement and practicality of the invention are examined. Substantive examination can ensure the quality of patents, but requires a large number of high-level examiners and can easily cause a large backlog.
③Deferred review system
For applications that pass the formal examination, they will be announced within a certain period (such as 18 months) from the date of filing the application, and temporary protection will be granted; Within a certain number of years after publication, the applicant requests the Patent Office to conduct a substantive examination. If the substantive examination is not requested within the time limit, the application will be deemed to have been withdrawn. Adopting a deferred review system can reduce the burden of review work. China adopts a deferred review system for patent approval.
Baidu Encyclopedia-Patent Law