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 …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
China’s State Council Releases Amended Implementing Regulations of the Patent Law
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.
Chongqing No. 1 Intermediate People’s Court Sets Global FRAND Rate for 5G SEPs at $0.707/Unit in Nokia/OPPO Case
Update: On January 24, 2024, Nokia announced a settlement resolving all pending patent litigation with OPPO. Terms are confidential. In a heavily redacted decision released December 13, 2023, the Chongqing No. 1 Intermediate People’s Court made a first-instance judgment in the case of OPPO v. Nokia’s standard essential patent royalty dispute ((2021)渝01民初1232号). The Court set the global fair, reasonable and non-discriminatory (FRAND) rates for Nokia’s standard essential patents in what is believed to be the first SEP FRAND rates set …
China Releases Second Batch – Part II- of Warning Cases in ‘Blue Sky’ Special Rectification Program of the Patent Agent Industry
On December 11, 2023, China’s National Intellectual Property Administration (CNIPA) released the Second Batch, Part II, of Warning Cases for the “Blue Sky” special rectification action in the intellectual property agency industry (第二批知识产权代理行业“蓝天”专项整治行动警示案例发布（二）). CNIPA released Part I on December 9, 2023. CNIPA has been cracking down on both trademark and patent agencies that violate laws and regulations including unauthorized practice of law, filing of irregular (fake) patent applications, bribery, etc. So far, more than 7,400 patent and trademark agencies have …