Per a slightly ambiguous notice from the Ministry of Finance and the National Development and Reform Commission released July 24, 2024 (财政部 国家发展改革委关于调整优化专利收费政策的通知), annuity fees will be reduced by 15% for Chinese patents for participating in China’s open licensing system. As of the time of writing, there were over 2,000 open licenses published on China’s Intellectual Property Administration’s (CNIPA) online publication system.
Category: Patents
Chinese Utility Model Grants Continue Slide in First Half of 2024
According to recently released statistical data from the China National Intellectual Property Administration (CNIPA), utility model grants are down about 12% from the first half of 2023. Chinese utility model grants were already down 25% in the first half of 2023 year-on-year. However, the rate of decline in utility model grants has slowed from a 30% decline in the first quarter of 2024. The number of utility models granted was 966,514, down from 1,104,223 in the first half of last …
China’s Supreme People’s Court Rules in First Patent Preliminary Injunction Case
On July 16, 2024, China’s Supreme People’s Court (SPC) announced the first case of behavioral preservation (preliminary injunction) in a patent infringement case since the “Decision of the Supreme People’s Court on Amending the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” came into effect on November 1, 2023. On June 3, 2024, an unnamed Suzhou company applied to a local intermediate court for pre-litigation preservation, requesting an order that a Beijing company (believed …
China’s National Intellectual Property Administration Releases More Details on Open Licensing
On July 12, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Notice of the CNIPA on comprehensively promoting the implementation of the patent open licensing system” (国家知识产权局关于全面推进专利开放许可制度实施工作的通知). Patent open licensing was established in the fourth revision of the Patent Law and implemented in the Implementing Regulations effective January 20, 2024. A potential licensee can license a patent under equal terms if listed for open licensing. In exchange, a licensor can pay reduced annuity fees. As of the time of …