On December 20, 2024, China’s National Intellectual Property Administration (CNIPA) released statistical data on patent licensing in 2023 and statistical data on patent licensing from 2019 to 2023 including licensing rates for different technologies (国家知识产权局办公室关于公布2023年度及近五年备案的专利实施许可合同有关数据的通知). This data may be useful for determining market rates and therefore avoiding antitrust enforcement actions by the State Administration for Market Regulation.
Category: Patents
CNIPA Releases Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions
On December 6, 2024, China’s National Intellectual Property Administration (CNIPA) released the Draft Guidelines for Patent Applications for Artificial Intelligence-Related Inventions (人工智能相关发明专利申请指引(征求意见稿)). The Guidelines detail the type of Artificial Intelligence (AI) related patent applications; identification of inventors; subject matter eligibility; disclosure requirements; inventiveness examination; and ethical issues. Excerpts follow. The full text is available here (Chinese only). Comments are due before December 13, 2024.
China’s State Administration for Market Regulation Releases Anti-monopoly Guidelines in the Field of Standard Essential Patents
On November 8, 2024, China’s State Administration for Market Regulation (SAMR) released the Anti-Monopoly Guidelines for Standard Essential Patents (SEPs) (标准必要专利反垄断指引). Per Article 1 of the Guidelines, the purpose of the Guidelines is to “prevent and stop the abuse of standard essential patents to exclude or restrict competition, protect fair competition in the market, encourage innovation, improve economic efficiency, and safeguard consumer interests and social public interests.” The Guidelines follow up on a draft for comment from SAMR issued on …
Beijing Intellectual Property Court Releases “Analysis of Patent Granting and Confirmation Cases 2014-2024” With 58 Typical Cases
On October 28, 2024, the Beijing Intellectual Property (IP) Court released the “Analysis of Patent Granting and Confirmation Cases 2014-2024” (专利授权确权审判案析(2014-2024)) providing summaries of 58 typical cases of administrative patentability and invalidation. The Beijing IP Court has sole jurisdiction over administrative litigation against the China National Intellectual Property Administration (CNIPA) and has heard over 10,000 administrative patent cases over the past decade. The Analysis includes “20 guiding principles for case analysis… in a bid to enhance the predictability of judicial …