The 2nd review draft of patent law amendment was published on National People's Congress website for public comments. The solicitation period ends on Aug 16, 2020.

Brand new changes in this draft include the following.

1. Patent term adjustment to compensate for delay on the patent office part was added. This change is in line with the phase 1 China-US trade agreement.

2. Dispute resolution related to Bolar Exemption and patent linkage was added. A patentee of a drug patent can go to court or CNIPA to take action against the generic company which seeks China FDA approval, within 30 days from the publication of application for approval by China FDA. If no action is taken, the generic company can actively seek declaration from court or CNIPA that the drug it seeks to produce does not infringe a patent.

3. Design for a portion of a product included back into the draft, allowing more flexible and broader protection of designs.

4. A new grace period provision was added. Disclosure of an invention for public interest in case of national emergency can enjoy the grace period of 6 month.