The amended Implementing Regulations of the Patent Law (the Implementing Regulations) was finally promulgated on December 11, 2023, and to come into force on January 20, 2024.
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.
When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.