China -  Chinese law firm

Did the recent amendment to the Patent Law change anything in regards to appealing decisions made by the State Intellectual Patent Office?

Another significant amendment to the Patent Law that went into affect July 1st of this year, concerns patent appeals. Anyone who refuses to accept a decision by the State Intellectual Property Office on utility and design model patent issues can appeal to Beijing's No. 1 Intermediate People's Court. Under the amendment any person whose patent application is rejected by the office can appeal to a special committee for reconsideration. If the application is rejected a second time, the applicant maintains the right to bring the case to court. Previously, only those applying for invention patents were able to take the patent office to court, but the amendment now allows for those applying for any type of patent to do so.

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