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2 Patent Type Requirements and Procedure from Filing to Granting

Fabio Giacopello

From: Competition Law and Intellectual Property in China

Edited By: Spyros Maniatis, Ioannis Kokkoris, Xiaoye Wang

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Monopoly — Patents and know how — Jurisdictions

This chapter focuses on the Patent Law and its Implementing Regulations. The Patent Law of the People's Republic of China was first adopted at the 4th Meeting of the Standing Committee of the Sixth National People's Congress on March 12, 1984 and was enforced on April 1, 1985. The current Patent Law is the result of the third amendment from its first version adopted with the Decision of the Standing Committee of the Eleventh National People's Congress on Amending the Patent Law of the People's Republic of China. The chapter shows how the Implementing Regulations to the Patent Law supplement the provisions of the Patent Law and were issued for the first time with the second amendment of the Patent Law in 2001.

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