On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Regulations on the Protection of Geographical Indication Products for Comment (地理标志产品保护规定（征求意见稿)). The Draft moves the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to the CNIPA, introduces a good faith requirement and adds a detailed examination process.
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Releases Guidelines for Delayed Examination of Invention Patent Applications
On August 30, 2023, China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Delayed Examination of Invention Patent Applications (发明专利申请延迟审查办理指南). Delayed examination has many potential benefits including delaying incurring fees associated with prosecution (e.g., attorney fees) and potentially allowing for the crafting of claims for stronger reads on products that emerge after the initial patent application filing. This latter may be especially useful as China generally doesn’t allow long chains of divisionals as in the United States. Note the …
China’s State Council Releases Opinions of the State Council on Further Optimizing the Foreign Investment Environment and Enhancing the Attraction of Foreign Investment
On August 13, 2023, China’s State Council released the Opinions of the State Council on Further Optimizing the Foreign Investment Environment and Enhancing the Attraction of Foreign Investment (国务院关于进一步优化外商投资环境 加大吸引外商投资力度的意见). The Opinions propose 24 policy measures in 6 aspects including two for intellectual property: strengthening the administrative protection of intellectual property rights and strengthening law enforcement regarding intellectual property rights.
China’s State Administration for Market Regulation Releases Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment
One June 30, 2023, China’s State Administration for Market Regulation (SAMR) released the Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment (关于标准必要专利领域的反垄断指南(征求意见稿)). Per Article 1, the Guidelines are formed to “prevent and stop undertakings from abusing standard essential patents to exclude or restrict competition, protect intellectual property rights, improve the efficiency of economic operation, and safeguard the interests of consumers and the public interest of society.” Excerpts follow. Comments are due July 29, 2023.