The Measures for Administrative Adjudication and Mediation of Patent Disputes (hereinafter referred to as the "Measures") have been reviewed and approved, and will come into effect on February 1, 2025. The Measures clarify the specific rules for administrative adjudication and mediation of patent disputes, aiming to improve the efficiency of dispute resolution, safeguard the legitimate rights and interests of patent holders and the public, and promote the stability of the socialist market economy order.

1). Clarify the scope and rules of administrative rulings
The Measures provide a detailed division of the scope of administrative rulings on patent disputes, including patent infringement disputes, drug patent disputes, patent open license implementation disputes, etc., and particularly establish clear rules for jurisdiction over infringement disputes. Specifically, patent infringement disputes are under the jurisdiction of the department responsible for managing patent work in the place of infringement or the domicile of the requested party. Cases with significant impact are the responsibility of provincial or higher-level departments. In addition, the Measures have refined the arbitration procedures, including application, acceptance, trial, and arbitration, and set statutory time limits for each stage. It is usually required to close the case within 3 months, or no more than 5 months.

2). Standardization and innovation of mediation mechanisms
The Measures regulate various aspects of the mediation process, including the conditions for applying for mediation, the statement of opinions during the mediation process, and the production and effectiveness of the mediation agreement. It is particularly noteworthy that the mediation agreement, after being jointly notarized by the parties, is legally compulsory.

3). Early resolution mechanism for drug patent disputes
The Measures have introduced an early resolution mechanism for drug patent disputes, which is an important supplement to the existing patent dispute resolution system. This mechanism not only protects the legitimate rights and interests of patent holders, but also avoids drug market delays caused by patent disputes, optimizing the patent protection environment in the pharmaceutical field.

4). Mediation of Patent Open License Implementation Disputes
The Measures have made specific provisions for mediation in the implementation of open licensing, clarifying the applicable circumstances and specific procedures. For example, if the open license agreement cannot be fulfilled or there is a dispute between the two parties over specific terms in the implementation of the technology, it can be quickly resolved through administrative mediation.

5). Mechanism designed to enhance execution and authority
The Measures emphasize the enforceability and authority of arbitration decisions, and clarify the measures for administrative enforcement for non-performance of arbitration decisions. At the same time, a punishment mechanism has been established for the dishonest behavior of the parties involved, and such behavior will be included in the management of the social credit system. In addition, to strengthen the legal effectiveness of administrative rulings and mediation results, the Measures stipulate that both rulings and mediation agreements can serve as important basis for judicial confirmation and enforcement.

6). Protecting vulnerable groups and handling diverse disputes
The Measures pay special attention to the protection of the rights and interests of vulnerable entities such as small and medium-sized enterprises. In terms of procedural settings, arbitration and mediation aim for efficiency and low cost, reducing the economic burden and time cost of the parties involved. At the same time, the Measures also provide diversified solutions, allowing parties to choose the most suitable path for their own interests between administrative rulings, mediation, and other remedies.

7). Promote transparency and digitization
The Measures put forward requirements for information disclosure and digital adjudication. The acceptance, trial process, and ruling results of the case must be made public in accordance with the law and can be operated through a dedicated online platform.