Fresh off OPPO’s victory at the Chongqing No. 1 Intermediate People’s Court in a global Fair Reasonable and Non-Discriminatory (FRAND) standard essential patent (SEP) rate setting case, the Supreme People’s Court (SPC) of China set a low rate in another case for six Chinese SEPs 99813601.8、00815854.1、99813602.6、99813640.9、01803954.5 and 99813641.7 related to the Adaptive Multi-Rate Wideband (AMR-WB) standard. The SPC ordered OPPO to pay Advanced Codec Technologies LLC (ACT) 15,390,527 RMB (~$2.165 million USD) or $0.008 per unit, with an average licensing …
Category: Patents
Translation of China’s Amended Implementing Regulations of the Patent Law
On December 21, 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law (国务院关于修改《中华人民共和国专利法实施细则》的决定). The Implementing Regulations explain how several provisions of China’s amended Patent Law of 2021 will be implemented. The Regulations become effective January 20, 2024. A translation of the Regulations, courtesy of Jerry Xia at Gen Law, follows.
China’s National Intellectual Property Administration Releases Third Batch of Guiding Cases for Administrative Protection of IP
On December 27, 2023, China’s National Intellectual Property Administration (CNIPA) released the Third Batch of Guiding Cases for Administrative Protection of Intellectual Property Rights (关于发布第三批知识产权行政保护指导案例的通知). Under Article 70 of the Patent Law, “the patent administration department under the State Council may, at the request of the patentee or any interested party, deal with patent infringement disputes that have a major impact throughout the country,” thereby providing an alternative adjudication process to the court system. While not a common law jurisdiction, …
China’s National Intellectual Property Administration Releases Amended Patent Examination Guidelines – Introduces Inventiveness Examination of Utility Models
On December 21, 2023, China’s National Intellectual Property Administration (CNIPA) released the Patent Examination Guidelines (专利审查指南) in conjunction with the Implementing Regulations of the Patent Law and effective January 20, 2024. The Guidelines are similar to the U.S. Patents & Trademark Office’s Manual of Patent Examining Procedure (MPEP) by providing guidance on the procedure and examination of Chinese patent applications. Based on a first reading, one of the major changes outlined in the Guidelines is an introduction of a preliminary …