Revised Implementing Regulations to the new Chinese Patent Law, which entered into force on 1 October 2009, have been approved by the State Council. Published on 9 January 2010, the regulations deal in more detail with specific aspects of the Patent Law, including SIPO's new "confidentiality" or "secrecy" examination, which has to be requested by applicants for inventions made in China before they can file abroad.If the applicant receives no notification of a secrecy examination within four months from filing the request, he may file abroad. Where required, the secrecy examination will be completed within two months.
The regulations also include details of filing requirements, especially for designs, which from now on are required to include a brief explanation of the design. Furthermore, patent applicants will no longer have to pay maintenance fees prior to the grant date.
More information about the Implementing Regulations is available on the SIPO website at: http://www.sipo.gov.cn/sipo2008/yw/2009/201001/t20100119_488002.html
(currently in Chinese only).