The draft amendment to the Patent Law started the third instance

In order to encourage the patentee to voluntarily open up the license and promote the exploitation and use of the patent, some members of the Standing Committee and the general public proposed that that the provisions on incentive measures be increased and that the annual fee paid by the patentee should be reduced or exempted accordingly during the period of opening up the license. The third draft adopted this opinion. Jiang Bixin, the Vice Chairman of the Constitution and Law Committee of the National People's Congress (NPC), delivered a report on the results of deliberation on the draft Amendment to the Patent Law of the People's Republic of China at the 22nd session of the 13th NPC Standing Committee on Oct. 13.

The second draft stipulates that the State Council Patent Administration Department may handle patent infringement cases that have a great impact on the whole country. With respect to a case of infringement of the same patent right across regions, it may request the administrative department for patent affairs at a higher level to handle the case. Some opinions pointed out that in practice, there are a lot of patent infringement cases across provinces and regions, which are handled by the Patent Administration Department under the State Council. They suggested that it is necessary  to consider whether it can be done or not. Some opinions suggested that the Patent Administration Department under the State Council, as the authority to confirm the right of patent authorization, should not deal with specific cases directly, and the specific scope should be limited to "cases of great national impact".

Some advice put forward that in order to protect the legitimate rights and interests of relevant parties of the patents, it is suggested to perfect the current patent law provisions on preservation measures, clarify the behavior for others to implement the fulfillment of the patentee or interested party of the right. The patentee or interested party may apply to the People's Court to order to make a certain behavior or prohibit a certain behavior before take action is taken. This opinion was adopted in the third draft.