China to Release Revised Implementing Regulations of the Patent Law and the Guidelines for Patent Examination By End of December 2022

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

On October 28, 2022, the China National Intellectual Property Administration (CNIPA) published the “In-depth implementation of the ‘Opinions on Strengthening Intellectual Property Protection’ promotion plan” (深入实施《关于强化知识产权保护的意见》推进计划) that sets target dates for the release of various regulations and guidelines to clarify how China’s 2021 amendments to the patent law will be implemented. Specifically, CNIPA is targeting the revision of the Implementing Regulations of the Patent Law and the Guidelines for Patent Examination by end of December 2022 “and continue to advance,” …

China’s Supreme People’s Court: Incorrect PCT Applicant Has Good Faith Duty to Actual Rightsholder

Posted on Categories Case, Patents

On October 13, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released an explanation of case # (2022)最高法知民终130号 holding that an incorrect Patent Cooperation Treaty (PCT) applicant has a duty to the true rightsholder including notifying the rightsholder of deadlines for national phase entry. 

China Plans to Extend Patent Agency Credit Rating System Nationwide in Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment)

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

On October 8, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment) (专利代理信用评价管理办法(公开征求意见稿)). The Draft updates and expands the prior trial started in January 2022 that was limited to Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province.  Potential downgrades have increased for filing abnormal patent applications, especially if the abnormal patent applications causes “major international adverse effects.”  Unfortunately, this Draft doesn’t apply to Chinese trademark …

China’s Supreme People’s Court Again Affirms Right to Set Global FRAND Rates in Standard Essential Patents in Nokia/OPPO Case

Posted on Categories Case, Patents

In a decision released on September 18, 2022 by 知识产权那点事 (not yet available on the Supreme People’s Court website or China Judgements Online), China’s Supreme People’s Court (SPC) affirmed the right for Chinese courts to set global FRAND licensing rates for standard essential patents based on a nexus to China. OPPO had sued Nokia in Chongqing asking the People’s Court to set global licensing rates for Nokia’s standard essential patents (SEPs), which it did. On appeal, the SPC affirmed the …