40th Anniversary of the Implementation of the Patent Law (1985-2025)

One thousand nine hundred and eighty-four

The integrated construction of China's patent system began with the promulgation of the Patent Law in 1984. As one of the earlier laws promulgated in the socialist legal system, this law draws on the strengths of various countries, draws on the experience of implementing patent systems for hundreds of years abroad, and is based on the local situation, taking into account China's economic system transformation.

One thousand nine hundred and eighty-five

It officially came into effect on April 1, 1985. On the first day of implementation of the Patent Law, the Chinese Patent Office received a total of 3455 patent applications, setting a record for the highest number of applications on the first day of implementation of patent laws in the world at that time.

One thousand nine hundred and ninety-two

The first revision was made in 1992. In 1992, China made significant amendments to its Patent Law, expanding the scope of patent protection to include technology fields such as food and pharmaceuticals; Strengthening the effectiveness of patent rights, increasing import rights, and extending the effectiveness of the method to products directly obtained by the method; Simplify the authorization process by changing the opposition procedure before granting patent rights to the revocation procedure after granting patent rights.

Two thousand

Second revision in 2000. This revision is mainly based on the requirements of joining the WTO (World Trade Organization), with a focus on strengthening patent protection: adding the "right to promise sales" to improve the protection of rights holders; Simplify the process, cancel the revocation procedure and only retain the invalidation declaration; Clearly state that all patent disputes are subject to judicial review. By optimizing authorization procedures and remedies, we aim to align the patent system with international standards.

Two thousand and eight

The third revision was in 2008. The first two revisions were both due to external demands and pressure, in order to align with international standards, while the third revision was a proactive improvement based on China's own development needs. Establish the legislative purpose of "improving innovation capability" and adopt the standard of "absolute novelty"; Strengthen the transformation of achievements and the protection of genetic resources; Cancel restrictions on foreign agency and promote the internationalization of patents. Showcasing China's determination to deeply participate in global patent governance.

Two thousand and twenty

The fourth amendment to the Patent Law in 2020 significantly strengthened the protection measures: imposing 1-5 times punitive damages for intentional infringement, and raising the statutory compensation limit to 5 million yuan; Extend the protection period of exterior design and add the principle of good faith; Establish an open licensing system, improve term compensation and partial design protection, and comprehensively upgrade the innovation guarantee system.

Two thousand and twenty-five

Moving forward, we never stop moving forward In the future, China will provide Chinese wisdom for global innovation governance and write a modern new chapter in the construction of an intellectual property power through more perfect rules docking, more effective mechanisms for transforming achievements, and a more powerful system for protecting rights and interests.