On July 12, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Notice of the CNIPA on comprehensively promoting the implementation of the patent open licensing system” (国家知识产权局关于全面推进专利开放许可制度实施工作的通知). Patent open licensing was established in the fourth revision of the Patent Law and implemented in the Implementing Regulations effective January 20, 2024. A potential licensee can license a patent under equal terms if listed for open licensing. In exchange, a licensor can pay reduced annuity fees. As of the time of …
Category: New Law, Rule or Implementing Regulation
China Extends Patent Prosecution Highway Pilot Programs with Egypt and Iceland
On June 28, 2024, China’s National Intellectual Property Administration (CNIPA) announced it reached an agreement with the Icelandic Intellectual Property Office and the Egyptian Patent Office on the extension of the Patent Prosecution Highway (PPH) pilot projects. Both PPH pilot projects will be extended for another five years from July 1, 2024 to June 30, 2029.
China’s Supreme People’s Court: Drug Patent Reverse Payment Agreements May Violate the Anti-Monopoly Law
On June 24, 2024, China’s Supreme People’s Court (SPC) released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Monopoly” (最高人民法院关于审理垄断民事纠纷案件适用法律若干问题的解释). As it relates specifically to patents, the Interpretation states that drug patent reverse payment agreements may violate the Anti-Monopoly Law. Reverse payments involve a drug patent holder paying an alleged infringer or potential infringer, usually a generic manufacturer, to stop the alleged or potential infringement so …
China Launches Patent Prosecution Highway (PPH) Pilot with the African Regional Intellectual Property Organization (ARIPO)
On June 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the launch of China-Africa Patent Prosecution Highway (PPH) with the African Regional Intellectual Property Organization (ARIPO) allowing for accelerated examination of patent applications in one jurisdiction based on work product in the other jurisdiction. The pilot will start June 8, 2024 and extend for five years to June 7, 2029.