Chinese and U.S. patent law have significant differences. This article will discuss some of the incentives and long-term patent-related risks facing U.S. companies with research and development centers and inventors in China. Inventor Remuneration Article 16 of the China Patent Law requires employers (or other entity assigned patent rights) to provide inventors with reasonable remuneration. Articles 76- 78 of the Rules of Implementing the Patent Law provide a minimum of 3000 RMB (about $440) to be paid within three months …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Chinese Patent Filings Down Almost 10% in First Half of 2019
At a press conference earlier this month, a spokesperson for the China National Intellectual Property Administration (CNIPA), announced that the number of Chinese invention patent applications filed in the first half of 2019 decreased by 9.4% year on year. Still, that amounted to 649,000 applications in half a year, which is more than the number of annual U.S. patent application filings. Chinese Trademark applications were also down. However, despite the overall decrease in patent filings, the number of foreign-originated Chinese …
CNIPA Reduces TM Fees Effective July 1, 2019
The China National Intellectual Property Agency has announced a reduction in two fees effective July 1, 2019. The Trademark Renewal Fee is cut in half from 1000 RMB to 500 RMB. The bibliographic data change fee is reduced from 250 RMB to 150 RMB and to 0 RMB if filed electronically. A further 10% reduction in fees is provided for e-filing when available (i.e., for most filings). Note that these fee reductions only apply to TM filing and prosecution and …
10 Things to Know About the Chinese Patent Process
Chinese and U.S. patent prosecution have significant differences. By being aware of these differences, U.S. patent attorneys can speed up prosecution, attain stronger patent protection and potentially reduce associated costs. Filing 1. National Phase Entry Deadline The deadline to enter the national phase in China is 30 months. However, this deadline can be extended as a matter of right to 32 months[1] with the payment of a 1,000 RMB fee (about $150). However, unlike the U.S., this deadline cannot be …