Of course, almost all the changes will affect the work we do in relation to filing and ensuring the protection of patents for our clients. However, one specific law regarding appealing the patent process will ensure that our clients' patent applications are given an even greater chance of approval.
This significant amendment to the Patent Law went into affect July 1, 2001. Basically, it will allow anyone to appeal a Patent Office decision to Beijing's No. 1 Intermediate People's Court. Under the amendment any person whose patent application is rejected by the office can appeal to a special committee for reconsideration. If the application is rejected a second time, the applicant maintains the right to bring the case to court. Previously, only those applying for invention patents were able to take the patent office to court, but the amendment now allows those applying for any type of patent to do so.
By broadening the scope of the appeals process, the patent office is now ensuring that all applications will be given a fair chance of being accepted. Hopefully, this will ensure that all legitimate patents are given their fundamental right to protection.
