The amended Patent Law has been passed and will implement from June 1, 2021

On October 17, the amendment decision of the Patent Law has been passed in the Standing Committee of the National People’s Congress. The amendment mainly includes strengthening the protection of the legal rights of the patentees, improve the implementation and application of patent, and complete the regulations of patent authorization.

Particularly, the amended Patent Law has increased the compensation amount of infringing patent right. Punitive damages have been added, the People’s Court can confirm the amount of punitive damages based on the damages of the patentee, benefit gained by the infringer, or one to five times of the amount of patent authorization fee. Meanwhile, the legal compensation amount has been increased from the previous “ten thousand to one million” to “thirty thousand to five million”.