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The amended Chinese Patent Law took effect on 1 October 2009. To implement the amended Patent Law, on 29 September 2009, the State Intellectual Property Office (SIPO) announced the "Transitional Rules with Respect to Amended Patent Law" (No. 53 Announcement). The major contents of the Transitional Rules are as follows:
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For patent applications filed as well as patents granted prior to 1 October 2009 (1 October 2009 not included), the old Patent Law shall apply. For patent applications filed as well as patents granted on or after 1 October 2009, the new Patent Law shall apply. However, for patent applications filed as well as patents granted prior to 1 October 2009, if there is any provision providing otherwise, such provision shall apply. The filing dates mentioned above shall refer to those decided based on the relevant provisions in the Implementation Rules of the Patent Law.
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For compulsory patent licensing petitions filed after 1 October 2009, Chapter 6 of the new Patent Law shall apply.
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For patent infringement case handled by the patent administrative offices, which involves patent infringement acts committed after 1 October 2009, Articles 11, 62, 69 & 70 of the new Patent Law shall apply.
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For patent counterfeiting case handled by the patent administrative offices, which involves illegal acts committed after 1 October 2009, Articles 63 & 64 of the new Patent Law shall apply.
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Where a patentee makes patent marking after 1 October 2009, Article 17 of the new Patent Law shall apply.
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Where a foreign individual, a foreign entity or a foreign organization, who has no constant residence of business place in China, engages or changes his/its patent agency after 1 October 2009, Article 19 of the new Patent Law shall apply.
