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Stop Copyists From Undercutting Your Innovation - Foley & Lardner ...

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Overview of Changes (cont.)<br />

Compulsory license issues<br />

Co-ownership<br />

Double patenting restricted<br />

Inventor remuneration required<br />

– Applicable to foreign enterprises<br />

– Policy or agreement can override<br />

Issues specific to certain types of patents<br />

– Disclosure rules for inventions relying on “genetic resources”<br />

– Changes relating to design patents<br />

©2009 <strong>Foley</strong> & <strong>Lardner</strong> LLP<br />

Foreign Filing/Confidentiality<br />

Review<br />

First filing requirement under the previous law<br />

– PRC Patent Law required that “any PRC entity or<br />

individual” must first file in China for its inventions<br />

made in China<br />

The Third Amendment replaces the first filing<br />

requirement with a confidentiality review system<br />

for an invention or utility model made in China<br />

– Content review required to prevent national security<br />

leaks<br />

– Similar to U.S. foreign filing license requirement<br />

©2009 <strong>Foley</strong> & <strong>Lardner</strong> LLP<br />

11<br />

12<br />

6

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