The Making of a Visionary IP Dynasty – Counting Down to the New Chinese Patent Law
Part I – The Shifting Tide

This article is the first in a three part series that discusses the details and potential implications of the 2008 amendment to the Chinese Patent Law. Part I provides a brief introduction to Chinese patent law and discusses provisions in the 2008 amendment that promote the application and exploitation of patents in China. Part II will discuss provisions that aim to improve the quality of Chinese patents and enhance patent protection in China. Part III will discuss provisions that relate to compulsory licensing and protection of genetic resources. 

While China may have dazzled the world with its unprecedented economic growth, its intellectual property protection, on the other hand, has been considered by most as marginal at best. In fact, many observers may still believe that China is a safe haven for IP counterfeiters and pirates and that it is useless to file for patents in China.  However, the recent development in China’s IP world demands a refreshing consideration, and a new evaluation of one’s IP strategies in China. According to the State Intellectual Property Office (SIPO), more than five million patent applications were filed in China from 1985 to March 2009. What is remarkable is the unprecedented growth rate in filing. It took China 15 years to reach the first million applications, four years and two months to reach the second million, two years and three months to reach the...