The New Patent Law of the People's Republic of China




China's new patent law was passed at the 22nd Meeting of the 13th National People's Congress Standing Committee on October 17th , 2020, and will come into force on June 1st , 2021.




On May 9th , 2019, a forum on Soliciting Opinions on patent amendment (Draft) of the people's Republic of China was held in Beijing, and WTOIP was invited to attend the meeting. As a leading domestic intellectual property and technovation cloud platform, WTOIP regards it as an important event. Combined with the valuable practical experience accumulated in the field of intellectual property for years, WTOIP put forward a large number of constructive opinions and suggestions for the amendment (Draft).




On June 28th , 2020, the 20th meeting of the 13th Standing Committee of the National People's Congress deliberated on the amendment to the patent law of the people's Republic of China (Draft for the second review) and published it on the website of the people's Congress of China. Among them, opinions and suggestions raised by WTOIP have been adopted by reference.




The biggest change of Chinas new patent law is that the maximum compensation for patent infringement is FIVE MILLION YUAN (approximately $748,000.00 USD), and the maximum penalty compensation is 5 times. When the base number cannot be determined, the patent authorization income base shall prevail (this is the most severe, which means that there is no upper limit in principle). The date of October 17th 2020 must be a historic moment, and the new  will affect all related businesses and people in CHINA.


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    October 23, 2020

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