China Updates Regulations Against Applying for Abnormal Patent Applications

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On  December 21, 2023, China’s National Intellectual Property Administration (CNIPA) updated the “Regulations regulating the act of applying for patents” (规范申请专利行为的规定) effective January 20, 2024. The Regulations require compliance with the good faith requirement in filing of patent applications per Article 11 of the just-released Implementing Regulations of the Patent Law and defines what is abnormal patent application filing behavior. China has been continuously cracking down on abnormal patent application filings with almost 1 million Chinese patent applications identified as …

China’s State Council Releases Amended Implementing Regulations of the Patent Law

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On December 21, 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law (国务院关于修改《中华人民共和国专利法实施细则》的决定).  The Implementing Regulations explain how several provisions of China’s amended Patent Law of 2021 will be implemented and will become effective January 20, 2024.

China’s National Intellectual Property Administration Releases Guidelines on Subject Matter Eligibility of Utility Model Patents

Posted on Categories New Law, Rule or Implementing Regulation, Utility Model

On November 2, 2023, China’s National Intellectual Property Administration released the Guidelines on Subject Matter Eligibility of Utility Model Patents (关于实用新型专利保护客体判断的指引). Utility model patents (UMs) are one of the three types of patents in China, the others being design and invention (similar to U.S. utility patents). UMs do not undergo substantive examination and therefore tend to grant quickly. However, the subject matter of UMs is limited to the “shape, structure or combination of a product that is suitable for practical …

China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions.  The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …