China Makes Significant Commitments to Improve Intellectual Property Protection in Phase 1 Trade Deal

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents, Trademarks

In the Economic and Trade Agreement Between the United States of America and the People’s Republic of China, Phase 1, dated January 15, 2020 China has made several major commitments to improve Intellectual Property protection.  Chapter 1, which comprises 16 pages of the 94-page document, specifies improvements in trade secret protection; strengthening pharmaceutical-related Intellectual Property; granting patent term adjustments and extensions; preventing piracy and counterfeiting on e-commerce platforms; increasing transparency in geographical indications protection; preventing manufacture and export of counterfeit …

Chinese Patent Filings Drop 9% in 2019

Posted on Categories Patents

In a press conference on January 14, 2020, the Chinese National Intellectual Property Administration (CNIPA)released 2019 annual statistics indicating a drop of 9.1% in invention patent application filings from 2018.  Nonetheless, Chinese invention applications filed in 2019 totaled a staggering 1.401 million. This compares to 616,852 U.S. utility patent application filings  in fiscal year 2019, a 3% increase over fiscal year 2018. Press conference photo from CNIPA.

CNIPA Announces Amended Patent Guidelines for Patent Applications Covering AI and Blockchain

Posted on Categories New Law, Rule or Implementing Regulation, Patents

The China National Intellectual Property Administration (CNIPA) has announced amended Patent Examination Guidelines effective February 1, 2020.  The amended guidelines add a Section 6 to Chapter IX of Part Two of the Patent Examination Guidelines, which covers provisions for the examination of invention patent applications that claim mathematical limitations and business methods.  The amendments are made for the special nature of examination of patent applications related to artificial intelligence, “Internet +”, big data, and blockchain.

Utility Model Patents: An Overlooked Chinese IP Right

Posted on Categories Patents, Utility Model

Chinese utility model patents are often overlooked by U.S. applicants when filing patent applications in China. This might be due to a lack of familiarity with them, as the U.S. patent system does not separately provide a similar intellectual property right, and many inventions may not qualify for a UM patent due to limited subject matter eligibility. The China National Intellectual Property Administration grants UM patents only for products. The products “shall be objects manufactured by industrial methods, having definite …