In accordance with Article 1 of Version 2009, "With the purpose of appropriately coping with the issues on national standards involving patent, standardizing the setting and revision of national standards, encouraging independent innovation, promoting the proper application of new technology in national standards, protecting the rights and interests of the public, patentees and relevant right owners, ensuring the effective implementation of national standards..."

　　i.e., Version 2009 newly adds "encouraging independent innovation" and enlarges the scope of protection simultaneously upgrading the public before patentees, which reflects the value orientation of legislation.

　　2.Newly Adding Grounds of Legislation

　　With regard to grounds of legislation, Article 1 of Version 2009 adds “Measures for Administration of National Standards and other relevant laws and regulations” on basis besides Standardization Law of the People''s Republic of China, Patent Law of the People''s Republic of China in Version 2004. However, up to the closing date of this article, no provision involving adjusting the relationship between standardization and patent has been found among the laws and regulations in force no matter the grounds of legislation listed in Version 2009 or “the relevant laws and regulations”.[3]

　　3.Newly Adding the Provision that Mandatory National Standard May Conditionally Involve Patent

　　According to Article 3 of Version 2004, "Mandatory National Standards should not involve patent and recommendatory national standards do not oppose to involve patent in principle."

　　According to Article 12 of Version 2009, "A mandatory national standard shall not involve patent in principle."

　　According to Article 13 of Version 2009, "Where a mandatory national standard which has to involve a patent, the patentee shall grant license for free or the National Administrative Department of Standardization shall make a proposal and request relevant department to negotiate with patentees on the disposal of the patent.　Where the relevant department and the patentee fail to reach an agreed way of disposing the patent, the related national standard shall be temporally withheld or the patent shall be mandatorily licensed. "