China’s State Administration for Market Regulation Releases “Provisions Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition”

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

On June 29, 2023, China’s State Administration for Market Regulation (SAMR) released the Provisions Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition (禁止滥用知识产权排除、限制竞争行为规定) effective August 1, 2023. These Provisions update the Regulations on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition issued in 2015.  The Provisions cover licensing, standards setting and patent pooling among other areas.

2022 Annual Report of the China National Intellectual Property Administration: 955,000 Patent Applications Were ‘Abnormal’

Posted on Categories Patents, Statistics, Trademarks

On June 5, 2023, China’s National Intellectual Property Administration (CNIPA) released the 2022 Annual Report of the China National Intellectual Property Administration (国家知识产权局2022年度报告) including statistical data on 2022 patent application filings.  In 2022 CNIPA identified 955,000 abnormal patent applications (up 17% on 2021) and 372,100 malicious trademark registrations (down slightly from 2021).  As there was a total of 5,365,000 patent applications (invention, utility model and design) filed in 2022, then almost 18% of patent applications in 2022 were abnormal (assuming …

Drop in Chinese Utility Model Grants Accelerates in April 2023 in Shift from Quantity to Quality

Posted on Categories Patents, Statistics, Utility Model

Recently released data for April 2023 from China’s National Intellectual Property Administration (CNIPA) shows an acceleration in the drop of utility model grants. Cumulatively (from January through April 2023), utility model grants were down almost 37% year-on-year to 757,817 grants and down over 70% in April 2023 to 268,331 grants versus April 2022. Utility model grants were down 21.7% to 600,206 grants in the first quarter of 2023 versus a year ago.  This drop, combined with an almost 3% increase …

China’s National Intellectual Property Administration Releases 8-Point Work Plan for 2023

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

On May 28 2023 China’s National Intellectual Property Administration (CNIPA) released the Key Points of the Work of the CNIPA in 2023 (国家知识产权局2023年工作要点).  Key points include legislate work, such as proposing a new round of amendments to the Trademark Law, completing the amendments to the Detailed Rules for Implementation of the Patent Law, as well introducing more substantive examination of designs and utility models. Excerpts follow.