Text of China’s Amended Patent Law

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

Per the “Decision of the Standing Committee of the National People’s Congress on Amending the ‘Patent Law of the People’s Republic of China’” (全国人民代表大会常务委员会关于修改〈中华人民共和国专利法〉的决定), the China’s National People’s Congress has decided to amend China’s Patent Law.  The amendments will go into effect June 1, 2021.  The amendments increase damages, extend design patent term, and introduce both patent term extension and adjustments among other changes.  An unofficial translation of the Patent Law follows with changes indicated by strike though and underline.

China’s National People’s Congress Approves Amended Patent Law

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

Per news reports from China’s Legal Daily and Xinhua, the 22nd meeting of the Standing Committee of the 13th National People’s Congress completed the revision of the Patent Law on October 17, 2020.  The newly amended patent law will come into effect on June 1, 2021.  As of writing, the text of the amended patent law has not been released so it is unknown exactly what changes have been made from the most recent draft for comments.  However, the reports …

Beijing Fines Alibaba 100,000 RMB for Malicious Trademark Filings

Posted on Categories Trademarks

The Beijing Chaoyang District Market Supervision Administration  (SAMR) recently published 京朝市监工罚(2020)230号, which fined Alibaba Technology (Beijing) Co., Ltd. for attempting to register multiple coronavirus-related trademarks in China on behalf of several applicants. Alibaba is the largest e-commerce platform in China and the #1 e-commerce platform in the world based on gross merchandise value.  Alibaba was acting as a trademark agent knowingly (or should have known) in violation of circumstances specified in Articles 19 paragraph 3 and 68 paragraph 1(3) of …

Chinese Patent Prosecution Flow

Posted on Categories Patents

During prosecution of a Chinese invention patent application (as distinct from a utility model application), the China National Intellectual Property Administration (CNIPA) will issue over 10 notices over the typical course of the prosecution process.  Most of these notices require responses with varying deadlines, which will be discussed further below.