On December 14, 2020, the China National Intellectual Property Administration (CNIPA) released the Announcement of the CNIPA on Amending the Patent Examination Guidelines (No. 391) (国家知识产权局关于修改《专利审查指南》的公告（第391号)). This set of amendments focuses on pharmaceutical and biotech patent applications. The amended Guidelines go into effect on January 15, 2021.
On December 10, 2020, China’s Supreme People’s Court released “Guidelines for Enforcement of Intellectual Property Judgments” (知识产权判决执行工作指南). The Guidelines have 29 Articles that cover the types of cases the Guidelines cover; enforcement of civil intellectual property cases; enforcement of intellectual property administrative cases; and enforcement of criminal intellectual property cases.
This article a guest post by Xiao HAN (Ms.) and Haoyu (Elliot) ZHOU (Mr.). According to the Chinese Patent Law and practice, means-plus-function claims are interpreted differently at the time of Chinese patent prosecution and Chinese patent litigation. Basically, while “means-plus-function” claims are interpreted as “any means that could achieve the function” by examiner(s) during patent examination (i.e., a broad claim that is difficult to be granted), such claims are merely interpreted as “embodiments disclosed in the Specification, or equivalent …
On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议（征求意见稿)). The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas. The draft rules also add the right to restore priority.