Problems of Enforcement of Patent Law in China and Its Ongoing Fourth Amendment

Abstract

With respect to the enforcement of the patent law in China, the United States and the EU both contend that the principal issue is more related to the weakness in enforcement than the legislations. Chinese experts believe that major problems in China’s patent law implementation features “difficulty to prove, long cycle length, high cost, low compensation, and poor result”. To solve those problems, China started the fourth amendment to its Patent Law in November 2011. Up until now, the draft of the revised Patent Law is still in review. If this amendment is approved, the enforcement of the Patent Law in China is expected to be enhanced significantly.