USCBC Comments on China's Revised Patent Law Draft

On behalf of the over 200 members of the US-China Business Council (USCBC), we appreciate the opportunity to engage with the National People’s Congress (NPC) on intellectual property (IP) issues. USCBC member companies include global innovation and IP leaders in manufacturing, information technology, pharmaceuticals, services and other areas. Our companies support China’s goals to promote innovation and IP. They have invested considerable time and resources in research and development (R&D) activities in China that have benefited foreign and domestic companies, as well as inventors and consumers.

USCBC is pleased to provide the NPC with comments on the Draft Amendments to the Patent Law (“the Amendments”). The revisions contain positive changes, including provisions to extend patent terms, shift the burden of proof in certain cases, and create a centralized, more transparent public service system for patent information. However, certain elements in new and previous drafts of the Patent Law continue to raise concerns. We are pleased to address these concerns in our detailed recommendations.