Shanxi Fines 7 Chinese Intellectual Property Firms for Unauthorized Practice of Law

Posted on Categories Patents

As first reported by 知识产权界, in 2020 the the Shanxi Provincial Market Supervision Bureau has fined seven intellectual property law firms in Shanxi province for unauthorized practice of law relating to patent applications. The Bureau confiscated illegal income and also fined the firms, collecting in all 534,290 RMB (about $82,120 USD). The sanctions are based on the China National Intellectual Property Administration’s (CNIPA) push under the Blue Sky program to clean up the patent agency business in China. This follows …

China Ceases Publishing Patent Application Filings Data

Posted on Categories Patents

Without notice, the China National Intellectual Property Administration (CNIPA) appears to have ceased publishing data on the number of patent applications filed monthly or annually. CNIPA used to publish monthly and annual data on the number of invention patent applications, utility model applications and design patent applications filed. However, the last application filing data released was for November 2020, in which Chinese invention patent application filings jumped almost 33% month-on-month.

China’s National Intellectual Property Administration Releases Measures to Crack Down on ‘Irregular’ Patent Applications

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

On March 12, 2021, the China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) effective immediately.  CNIPA is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ (junk) patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total amount of applications filed in China and specifically junk patents.

China Releases Draft Measures for Administrative Adjudication of Major Patent Infringement Disputes for Comment

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

On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政裁决办法(征求意见稿)》.  The Measures, supported by Article 70 of the amended Patent Law, provide an alternative to patent litigation to resolve patent infringement disputes in China. However, unlike litigation, no damages are available as a remedy – only injunctions.  The Measures do provide a potential advantage though – speed. CNIPA is supposed to close …