In a decision highlighted by China’s Supreme People’s Court (SPC) on February 7, 2023, the SPC ruled that a plaintiff patentee was entitled to punitive damages when the defendant sold the infringing product after concluding a settlement agreement in an earlier case to stop infringing. Jin XX sued Baijia Hardware, Electrical, Labor Insurance and Building Materials Business Department and Zhengzhou Baifa Trading Co., Ltd. for invention patent infringement of CN1131364 for a “Reverse Ground Planer.” On appeal to the SPC, …
Category: Patents
Chinese Invention Patent Grants Up 14.7% in 2022 YoY; Utility Model Grants Down 10.1%
The State Council Information Office of the People’s Republic of China held a press conference (国新办举行2022年知识产权工作新闻发布会) on January 16, 2023 on intellectual property work in 2022. During the press conference, Hu Wenhui, Deputy Commissioner of the China National Intellectual Property Administration (CNIPA) released statistical data on patent and trademark grants (but not filings). Perhaps indicating a shift to quality from quantity, the number of utility models granted dropped over 10% while invention patent grants increased almost 15%. This contrasts with …
CNIPA Releases Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law
On January 5, 2023, the China National Intellectual Property Administration (CNIPA) released the Interim Measures for Handling Examination Business Related to the Implementation of the Revised Patent Law (关于施行修改后专利法的相关审查业务处理暂行办法) effective January 11, 2023. The Measures cover design patents, grace periods, patent term adjustment, patent term extension, and other areas. These Interim Measures will supersede the prior Interim Measures effective June 1, 2021. A translation of the new Interim Measures follow.
China to Remove Infringing Pharmaceuticals from Procurement Platforms
In the “Opinions of the China National Intellectual Property Administration (CNIPA) and the National Healthcare Security Administration (NHSA) on Strengthening the Protection of Intellectual Property Rights in the Field of Centralized Pharmaceutical Procurement” (国家知识产权局 国家医疗保障局关于加强医药集中采购领域知识产权保护的意见) released December 30, 2022, the CNIPA and the NHSA will coordinate to remove infringing pharmaceuticals listed on central procurement platforms.