Comments to the SPC on the Provisions on Several Issues Concerning the Trial of Administrative Cases with Respect to Granting and Confirmation of Patent Rights

2020-06-15 | Beijing, Shanghai

The Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases with respect to Granting and Confirmation of Patent Rights (I) is a judicial interpretation specifically aimed at patent administrative litigation cases, which shows that the State attaches great importance to patent and to innovation protection. Moreover, this is the second time after June 2018 to solicit public opinions, which shows the importance China's highest judicial organ attaches to public opinions. This judicial interpretation makes more explicit provisions such as on the interpretation of claims and rules of evidence involved in patent administrative litigation, which is of great positive significance. However, there is still room for improvement in some of the provisions.