The Chinese Supreme Court Seeks Public Views on Draft Provisions on Adjudication of Administrative Cases Involving Granting and Affirmation of Patent Rights
The Supreme People's Court of China (SPC) has released on 1 June 2018 the Provisions of the Supreme People's Court on Several Issues Concerning Adjudication of Administrative Cases Involving Granting and Affirmation of Patent Rights (I) (Draft for Public Comment). Members of the public may send their opinions on the draft provisions to the SPC by mail or via email from now on until 1 July 2018.
The draft provisions aim at addressing major issues emerging in adjudication of patent granting and affirmation in practice over recent years. Specifically, issues covered in the draft provisions include scope of adjudication, claims construction, application of substantive provisions relating to patent granting and affirmation, factors for consideration in adjudication, and rules of evidence.