Advice: Delay Filing Chinese Design Patents Until June 1, 2021

Posted on Categories Design Patent, New Law, Rule or Implementing Regulation

China’s newly amended Patent Law goes into effect on June 1, 2021, less than three months away. One of the many significant changes in the Law includes a 50% increase in design patent term from 10 to 15 years.  However, no transitional measures have been released yet and it is likely the increased term will only apply to design applications filed on or after June 1, 2021 and not those filed before June 1 but still pending on June 1, …

China’s Supreme People’s Court Releases Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation

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

China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1) (最高人民法院关于审理专利授权确权行政案件适用法律若干问题的规定(一)).  The provisions clarify administrative litigation issues for Patent Reexamination Board decisions – both invalidations of granted patents and reexamination of finally rejected patent applications (similar to patent application appeals at the U.S. Patent & Trademark Office).

China’s Patent Office Invalidates Chinese Shoe Design Patent Using the ASICS Stripes Trademark

Posted on Categories Case, Design Patent, Trademarks

As first reported by 汇知杰, the Reexamination and Invalidation Department of the China National Intellectual Property Office (PRB) has invalidated a Chinese design patent for an athletic shoe that uses ASICS Corporation’s  trademarked stripes logo.  Competitor Qiaodan Sports Co. Ltd. (notorious for using Michael Jordan’s Chinese name as their company name and in trademarks, etc.) filed design patent application 201430367626.7 on September 29, 2014, which was granted on April 8, 2015.  ASICS filed a petition to invalidate the patent on …