September 29, 2009

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.

Copyright ©2009 by Kaye Scholer LLP. All Rights Reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters.References herein to "Kaye Scholer LLP & Affiliates," "Kaye Scholer," "Kaye Scholer LLP," "the firm" and terms of similar import refer to Kaye Scholer LLP and its affiliates operating in various jurisdictions.

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