Guest Post: First Successful Patent Invalidation in China Based on No Foreign Filing License

Posted on Categories Case, Patents

Guest post by Haoyu ZHOU (Elliot) of Foundin Intellectual Property It is commonly known that any inventions made (or partially made) in China must first obtain a foreign filing license from the China National Intellectual Property Administration (CNIPA) BEFORE it can be filed as a patent application in countries/regions outside China. Failing to do so will violet Article 20.1 of the Chinese Patent Law and will result in an invalidation of the corresponding Chinese patent. But, in practice, there were …

China’s State Administration for Market Regulation Releases Typical Cases of Intellectual Property Enforcement for 2021

Posted on Categories Case, Patents, Trademarks

On April 21, 2022, the State Administration for Market Regulation (SAMR) released the Typical Cases of Intellectual Property Enforcement by Market Supervision Departments (市场监管部门知识产权执法典型案件). The 20 cases involved trademark infringement, patent counterfeiting, Olympic logos, malicious trademark registration and the unauthorized practice of patent law, etc. Of foreign companies involved, one Chinese company was fined 10.55 million RMB for infringement of John Deere’s trademark and another was fine 1.05 million RMB for infringement of Costco’s Kirkland trademark.

China’s Patent Office Releases Top 10 Patent Reexamination Invalidation Cases of 2021

Posted on Categories Case, Patents

On April 26, 2022, the China National Intellectual Property Administration (CNIPA) announced the Top 10 Patent Reexamination Invalidation Cases Released in 2021 (2021年度专利复审无效十大案件发布).  Invalidation cases cover utility models, invention patents, designs and layout designs of integrated circuits.  Note that many of the petitioners appear to be straw persons as the real party of interest does not need to be disclosed in invalidations.

China’s State Administration for Market Regulation Releases Legislative Work Plan for 2022

Posted on Categories New Law, Rule or Implementing Regulation, Patents, Trade Secrets, Trademarks

On April 27, 2022, China’s State Administration for Market Regulation released the State Administration for Market Regulation on Printing and Distributing Notice of Legislative Work Plan for 2022 (市场监管总局关于印发2022年立法工作计划的通知), which includes several intellectual property laws and administrative regulations among the 69 projects identified. IP-Related laws, regulations and rules, etc. are highlighted in the tables below.  Note that the Detailed Implementation Rules of the Patent Law are not listed below but are mentioned in the text of the plan. Hopefully, the …