Employees’ Rights to Inventions and Rewards under the Revised Patent Law

(Author: Gordon Milner, Claire Robley; Source: Morrison & Foerster)

The Implementing Regulations the PRC Patent Law ("Implementing Regulations") was recently revised to implement the Third Amendment to the PRC Patent Law. The new Implementing Regulation came into effect on 1st February 2010, and contain new provisions with respect to the reward regime for employee inventions, an area of law that has been watched with keen interest by both Chinese and foreign companies involved in research and development (R&D) activities in China.

In the past, many employers have tended to disregard the general requirements under the Patent Law for . . .

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