Update: This article has been updated to include a public response issued by respondent Shenzhen Seller Growth Network Technology Co., Ltd. In a show cause order dated September 7, 2022, the United Stated Patent & Trademark Office (USPTO) accused Shenzhen Seller Growth Network Technology Co., Ltd, et al. of “unauthorized practice before the USPTO in trademark matters and providing false, fictitious, or fraudulent information in trademark submissions with the intent to circumvent these rules.” The order requires Respondents to show …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
Excerpts from the September 2022 CNIPA Press Conference
In a September 6, 2022 press conference, the China National Intellectual Property Administration (CNIPA) discussed the release of the results from the 2021 National Intellectual Property Protection Social Satisfaction Survey. During the press conference, CNIPA officials discussed patent linkage cases, administrative adjudication cases and abnormal (irregular or fraudulent) patent applications. Excerpts follow.
USPTO: Chinese Firms Used Dead Attorney to Submit U.S. Trademark Application Filings
In a Show Cause Order dated August 25, 2022, the USPTO stated it has reason to believe that Shenzhen Haiyi Enterprise Management Co., Ltd. et al. “have provided false, fictitious or fraudulent information in thousands of trademark application and registration records.” Specifically, “Respondents have registered for, control, and/or operate one or more USPTO.gov accounts responsible for submitting documents that included (1) the electronic signature of attorney Jeffrey Firestone, including filings signed and submitted after his death, and/or (2) the signature …
Supreme People’s Court Upholds China’s First Patent Linkage Ruling – Decision Released
On August 28, 2022, 知识产权那点事 published the first patent linkage decision from the Supreme People’s Court (SPC). The SPC upheld the Beijing IP Court ruling that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or …