China: China has proposed new patent laws that may make filing a
patent in the country harder, but challenging a domestic patent easier.
One of the new laws would require a foreign firm to file a Chinese
patent first for any invention originating in the country Many other
countries have a similar requirement. However, the penalty under the
Chinese law would be stricter and would allow the validity of a patent
that is not filed first in China to be challenged and sales potentially
blocked. Another change in patent regulations would implement a standard
of "absolute novelty," making it harder to obtain a Chinese
patent for inventions patented abroad. Many companies currently patent
inventions in their home countries due to a greater familiarity with the
language and regulations. Some firms even move Chinese researchers to
their home country temporarily in order to patent products. Under the
new law, companies would need to make patent filings in Chinese,
increasing their reliance on a relatively small number of lawyers
trained in the field.
Source: Financial Times
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