ruler_foot_a4_sampleChina’s Standardization Adminstration (SAC) recently posted a draft patent regulation titled “Regulations for the Administration of the Formulation and Revision of Patent-Involving National Standards.”  After reading some analysis of the draft standard-setting regulation, it seems that these standards are not far off from many Western patent-office standards and patent regulations.  There are, as expected, a few concerns.  One of the major concerns is found in Article 8 of the draft regulation, which purports to deem any company which fails to satisfy disclosure requirements for essential patents to have given a compulsory royalty free license to use that patent.  While this is scary to many multinational companies, it also provides a large incentive to comply with all disclosure requirements - a means to better transparency - which is something the field needs. 

For a look at a summary of the regulations (provided via a letter from the SAC requesting comments on the regulations before it was posted), see HERE.  Note that none of this is official, and the only official copy of the regulations, in Chinese, is found at the SAC website.

For detailed commentary on the draft standard-setting regulations, see THIS POST from the Intellectual Property Expert Group blog.


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This entry was posted on Monday, November 30th, 2009 at 9:12 am.
Categories: Today in IP ~ by Ian McClure.

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