Foreign Patent Firms Can Now Open Representative Offices in China

Posted on Categories Patents

The China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies (外国专利代理机构在华设立常驻代表机构管理办法) on January 11, 2022 allowing foreign patent firms to open representative offices in China effective immediately. However, foreign patent firms’ representative offices will not be able to prosecute Chinese patent applications.

Chinese Invention Patent and Utility Model Grants Both Up 31% in 2021

Posted on Categories Patents, Utility Model

At the National Meeting of Directors of Intellectual Property Offices held on January 6, 2022, China National Intellectual Property Administration (CNIPA) Director Shen Changyu released some initial data on 2021 intellectual property grants. Specifically,  In 2021, the quantity and quality of intellectual property development indicators have both increased. In terms of creativity, 696,000 invention patents, 3.120 million utility models, and 786,000 designs were authorized, and the number of high-value invention patents per 10,000 people in my country (excluding Hong Kong, …

CNIPA’s draft Patent Examination Guidelines – what is coming down the pipeline?

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

This article originally appeared in IAM here. By Aaron Wininger, Austin Chang and Carol Wininger On 3 August 2021 the China National Intellectual Property Administration (CNIPA) released its Draft Revised Patent Examination Guidelines. These update CNIPA’s current guidelines based on the newly amended Patent Law, which came into effect on 1 June 2021. The guidelines, which are somewhat analogous to the USPTO Manual of Patent Examining Procedure, detail important changes to Chinese patent law. They suggest that in the near future, CNIPA may …

China Revokes Patent Firm Licenses for Filing Irregular Patent Applications

Posted on Categories Patents

On December 22, 2021, the China National Intellectual Property Administration (CNIPA) released 9 decisions suspending or revoking the licenses of 9 patent firms for filing irregular (abnormal) patent applications.  The CNIPA stated, “acting as an agent for irregular patent applications that are not for the purpose of protecting innovation violates the legislative purpose of the Patent Law, wastes public resources, and seriously interferes with the normal conduct of patent examination.” In the worst case of the 9, one firm was …