China’s National Intellectual Property Administration (CNIPA) recently released Frequently Asked Questions (FAQs) regarding new fee policies for open licensing, patent term compensation, Patent Cooperation Treaty (PCT) applications when the Receiving Office or International Search Authority is CNIPA, and batch filings. The FAQs for open licensing and patent term compensation are reproduced below.
Category: Patents
China’s State Administration for Market Regulation Releases Draft Antitrust Guidelines for the Pharmaceutical Sector Covering Reverse Payments and Evergreening
On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released the Antitrust Guidelines for the Pharmaceutical Sector (Draft for comments) (关于药品领域的反垄断指南（征求意见稿)) that includes sections covering reverse payments for generic pharmaceutical patents and evergreening of patents.
CNIPA: Deadline to Pay Early Requests for Patent Term Compensation – October 26, 2024
Per an August 6, 2024 Notice (关于专利权期限补偿费用缴纳等相关事项的通知) from China’s National Intellectual Property Administration (CNIPA) requests for patent term compensation, i.e., patent term extension (PTE) or patent term adjustment (PTA), filed before July 26, 2024 must be paid by October 26, 2024. Per an earlier Notice, the fee for requesting patent term compensation is 200 RMB. CNIPA will not award any patent term compensation if the fee is not paid the by the deadline.
China’s National Intellectual Property Administration Releases Fee Information for Requesting Patent Term Adjustments and Extensions
On August 6, 2024, China’s National Intellectual Property Administration (CNIPA) released fee information for requesting patent term compensation and annuities for the term of any granted compensation. Accordingly, CNIPA may now begin processing requests for patent compensation based on the amended patent law passed in 2020. Requests for patent term compensation including patent term adjustments for CNIPA delay and patent term extensions for pharmaceutical patents will cost 200 RMB. Annuities during the extended period will be 8000 RMB/year. CNIPA also …