On March 12, 2021, the China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) effective immediately. CNIPA is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ (junk) patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total amount of applications filed in China and specifically junk patents.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China Releases Draft Measures for Administrative Adjudication of Major Patent Infringement Disputes for Comment
On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政裁决办法（征求意见稿）》. The Measures, supported by Article 70 of the amended Patent Law, provide an alternative to patent litigation to resolve patent infringement disputes in China. However, unlike litigation, no damages are available as a remedy – only injunctions. The Measures do provide a potential advantage though – speed. CNIPA is supposed to close …
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