In a decision released on September 18, 2022 by 知识产权那点事 (not yet available on the Supreme People’s Court website or China Judgements Online), China’s Supreme People’s Court (SPC) affirmed the right for Chinese courts to set global FRAND licensing rates for standard essential patents based on a nexus to China. OPPO had sued Nokia in Chongqing asking the People’s Court to set global licensing rates for Nokia’s standard essential patents (SEPs), which it did. On appeal, the SPC affirmed the …
Category: Patents
China’s National Intellectual Property Administration and the European Patent Office Extend Pilot Project for International Search Authority in PCT Applications
On September 16, 2022, the European Patent Office (EPO) and China’s National Intellectual Property Administration (CNIPA) issued a joint communiqué extending a pilot program that enables Chinese Patent Cooperation Treaty (PCT) applicants to select the EPO as International Search Authority (ISA). The pilot program was originally scheduled to end later this year but will be extended for another year until November 30, 2023 for up to a further 3,000 applications.
Excerpts from the September 2022 CNIPA Press Conference
In a September 6, 2022 press conference, the China National Intellectual Property Administration (CNIPA) discussed the release of the results from the 2021 National Intellectual Property Protection Social Satisfaction Survey. During the press conference, CNIPA officials discussed patent linkage cases, administrative adjudication cases and abnormal (irregular or fraudulent) patent applications. Excerpts follow.
Supreme People’s Court Upholds China’s First Patent Linkage Ruling – Decision Released
On August 28, 2022, 知识产权那点事 published the first patent linkage decision from the Supreme People’s Court (SPC). The SPC upheld the Beijing IP Court ruling that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or …