ABSTRACT
Patent legislation in China includes patent and patent-related laws, implementing regulations, judicial interpretations and other patent protection regulations. An invention patent may be granted if the invention is new, involves an inventive step and is capable of industrial application. In 1984, China promulgated its first modern-day patent law to provide protection to inventions, utility models and designs. Changes brought by the Patent Law 1992 with regard to the conditions for granting compulsory licence were significant. To facilitate patent application, the enabling measures are clear in the following aspects. During a short period of three decades only, China has situated itself in the forefront of patent rights protection worldwide in terms of legislation since 1992 when the country’s first patent law amendment was published. China is very determined, almost single-minded, in implementing an effective patent system. The country started to implement a patent system when the fundamentals were missing.
