On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议（征求意见稿)). The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas. The draft rules also add the right to restore priority.
Category: New Law, Rule or Implementing Regulation
China’s Second Draft of Amended Criminal Law Retains Trade Secret Provision Targeting Foreigners
On October 21, 2020, China’s National People’s Congress released a second draft of the amended criminal law. Perhaps because of the U.S. Department of Justice’s (DOJ) increased enforcement of the Economic Espionage Act (EEA) targeting China as a beneficiary, the Chinese draft retains a provision for foreign-related trade secret theft from the first draft. Specifically, Article 219 will have a new paragraph, “For stealing, spying, buying, or illegally providing trade secrets to foreign institutions, organizations, or personnel, it shall be punished …
China’s Supreme People’s Court Releases Provisions on Evidence in Intellectual Property Civil Litigation
China’s Supreme People’s Court released Provisions on Evidence in Intellectual Property Civil Litigation (最高人民法院关于知识产权民事诉讼证据的若干规定) on November 16, 2020 and goes into effect November 18, 2020. Some of the highlights include potential burden shifting in methods of manufacture claims, evidence needed to file a declaratory judgment action for non-infringement, admission of foreign-originated evidence, evidence preservation, and court-appointed experts.
China Releases Draft Revised Patent Examination Guidelines for Comment
On November 10, 2020, the Chinese National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (Second Draft for Solicitation of Comments) (专利审查指南修改草案(第二批征求意见稿)). The Patent Examination Guidelines are the Chinese equivalent of the USPTO’s Manual of Patent Examining Procedure. Highlights include: excluding artificial intelligence entities from inventorship; clarifies patentable subject matter for diagnostic methods; clarifies prior art found on the Internet; clarifies technical means for inventions related to computer programs; and adds involuntary deferred examination for invention patent …