China’s National People’s Congress Releases Translation of the Amended Patent Law

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

China’s National People’s Congress has recently released a translation of the amended Patent Law.  The full text in English is available here. The original Chinese text is available here.  The amended Patent Law is effective as of June 1, 2021.  Major changes in the Patent Law include increased patent term (e.g., patent term extension and patent term adjustment), patent linkage, and increased damages (longer statute of limitations and punitive damages). For ease of reference, the full English translation is reproduced here.

China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for Trademarks

Posted on Categories New Law, Rule or Implementing Regulation, Trademarks

Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks (当事人请求驰名商标保护诚信承诺书) when requesting well-known status for Chinese trademarks.  Well-known status for Chinese trademarks must be requested from the China National Intellectual Property Administration or certain courts and can be useful when squatters are attempting to register or have registered an applicant’s mark.

District in Guangzhou, China Proposes 2.5 Million RMB Housing Subsidy to Attract Intellectual Property Professionals

Posted on Categories New Law, Rule or Implementing Regulation

On August 17, 2021, the People’s Government of Huangpu District, Guangzhou, China issued an announcement on soliciting opinions on the “Administrative Measures for Intellectual Property Special Funds in Guangzhou High-tech Zone, Guangzhou Development Zone, Huangpu District, Guangzhou (Draft for Solicitation of Comments)” (广州市黄埔区 广州开发区 广州高新区知识产权专项资金管理办法(征求意见稿)).  The draft Measures offer a 2.5 Million RMB (~$384 thousand USD) housing subsidy to 100 intellectual property professionals that relocate to the Huangpu District in Guangzhou, China.

China Releases Draft Patent Examination Guidelines for Comment

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

On August 3, 2021, the China National Intellectual Property Administration (CNIPA) release the Draft Revised Patent Examination Guidelines (Draft for Solicitation of Comments) (专利审查指南修改草案(征求意见稿)). The draft Guidelines update CNIPA’s current Guidelines based on the newly amended patent law that went into effect June 1, 2021. Discussion of some of the highlights potentially relevant to foreign applicants follows.