On July 19, the China National Intellectual Property Administration (CNIPA) formulated and released the Measures for Administrative Adjudication and Mediation of Patent Disputes (Draft for Comment) (the "Draft") and its drafting notes. The Draft is now open for public comments until September 2, 2024.

Compared with the previous version, the Draft has made improvements in three aspects: the implementation of new systems, the refinement of case handling norms, and the optimization of case handling procedures. Specifically, regarding the refinement of case handling norms, firstly, it addresses the demands of case-handling authorities and parties involved; secondly, it clarifies the substantive standards for determining patent infringement; and thirdly, it further refines other procedural norms. The Draft has made provisions on the scope of protection for patents, how to specifically apply the principle of comprehensive coverage, doctrine of estoppel, and dedication rule, as well as the standards for identical and equivalent infringement in determining infringement. It also explains the relevant contents regarding the early resolution mechanism for drug patent disputes.

(Source: China National Intellectual Property Administration)