i.e., that Version 2009 newly adds that mandatory national standard may conditionally involve patent which fully embodies the purpose of legislation of “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”.
4.Narrowing the Scope of "Adopting Standard"
According to Article 5 of Version 2004, "When international standard and foreign advanced standard are adopted to set the national standard, relevant information involving patent shall be acknowledged as detailed as possible."
According to Article 15 of Version 2009, "When an international standard is adopted to set the national standard, all endeavors shall be made to get a full acknowledgement on relevant information involving the patent and the disposal of patent right shall refer to provisions of Chapter Ⅱ and Chapter Ⅲ."
i.e., foreign advanced standard is excluded from the scope of "Adopting Standard" in Version 2009.
Note: "Adopting Standard" refers to that the national standard adopts international standard and foreign advanced standard. Owing to the underdevelopment of technology and standardization techniques in the early period, part of our country''s national standards once adopted international standards and foreign advanced standards without review on patent involved in standards. It is conducive to reduce the potential risks of patent infringements of the domestic standard users by reviewing whether “adopting standard” involves patents involved in standard and narrows the scope of “Adopting Standard”.
5.Newly Adding the Obligation for the Standard Maker to Verify the Authentication of Patent Information Form and Relevant Evidentiary Materials