According to the latest draft amendment to China’s patent law, any Chinese inventor living in a foreign country who wishes to patent an idea for an invention, must first permit the government to ascertain whether or not that particular innovation should be considered a national secret. News sources claim that The Standing Committee of the National People's Congress (NPC), China's top legislature, discussed some proposed amendments on the 23- year-old Patent Law a few days ago at the opening session of its bimonthly meeting.
The amendment clearly states that any innovations that have not been subjected to governmental scrutiny will not be granted patents in China. It further warns that those who leaked those secrets by failing to apply for said scrutinies will be punished according to the law. So, in other words, if you are Chinese, living in Italy and come up with an idea for a patent, don’t you dare and tell your family and friends until the government says you can or else! Tyranny? Naw! It just looks that way!
The Patent Law, which was enacted in 1985, has only had two major revisions in the past. The new proposed amendment applies to all inventions completed in China. Other controversial amendments are being considered as well. One concerns the idea that foreign nationals or institutions must find a patent agency to represent them in applying for patents in China and in other patent-related matters and another stipulates that patent holders or other concerned parties may ask the court to stop acts that breach their patent rights before a lawsuit can be filed. The fate of these two amendments will be decided within the next 48 hours.
Will they become enacted or no?
Only time will tell, but is anyone out there unhappy with what appears to be state encroachment on individual creativity?
Or is it just me?
What do YOU think?