On September 26, 2023 the Shenzhen Municipal Administration for Market Regulation released the Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments) (深圳市市场监督管理局知识产权领域专项资金操作规程(修订征求意见稿)) proposing to eliminate financial subsidies/rewards for grants of both Chinese and foreign patents by the end of 2023. However, other local and national market distorting incentives remain.
Category: Patents
China’s Supreme People’s Court Again Affirms Right to Set Global Licensing Rates for Standard Essential Patents
On September 4, 2023, China’s Supreme People Court’s (SPC) affirmed that Chinese courts have jurisdiction over global licensing rates for standard essential patents (SEPs) belonging to InterDigital. In case (2023) 最高法知民辖终282 号, the SPC upheld case (2022)粤73民初195号 where OPPO requested that the Guangzhou Intellectual Property Court rule that the determination of global fair, reasonable, and non-discriminatory (FRAND) licensing terms for SEPs held by Inter Digital (IDT) are subject to Chinese jurisdiction. This follows similar rulings in OPPO vs. Sharp and …
China’s National Intellectual Property Administration Releases Guidelines for Delayed Examination of Invention Patent Applications
On August 30, 2023, China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Delayed Examination of Invention Patent Applications (发明专利申请延迟审查办理指南). Delayed examination has many potential benefits including delaying incurring fees associated with prosecution (e.g., attorney fees) and potentially allowing for the crafting of claims for stronger reads on products that emerge after the initial patent application filing. This latter may be especially useful as China generally doesn’t allow long chains of divisionals as in the United States. Note the …
China’s State Administration for Market Regulation Releases Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment
On June 30, 2023, China’s State Administration for Market Regulation (SAMR) released the Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment (关于标准必要专利领域的反垄断指南(征求意见稿)). Per Article 1, the Guidelines are formed to “prevent and stop undertakings from abusing standard essential patents to exclude or restrict competition, protect intellectual property rights, improve the efficiency of economic operation, and safeguard the interests of consumers and the public interest of society.” Excerpts follow. Comments are due July 29, 2023.