China’s National People’s Congress has recently released a translation of the amended Patent Law. The full text in English is available here. The original Chinese text is available here. The amended Patent Law is effective as of June 1, 2021. Major changes in the Patent Law include increased patent term (e.g., patent term extension and patent term adjustment), patent linkage, and increased damages (longer statute of limitations and punitive damages). For ease of reference, the full English translation is reproduced here.
Category: Patents
Xiaoi Robot Seeks Preliminary Injunction Against Apple in Shanghai Patent Infringement Suit
According to a WeChat posting from Shanghai Zhizhen Intelligent Network Technology Co., Ltd. (上海智臻智能网络科技公司 also known as Xiaoi Robot), Xiaoi has filed for a preliminary injunction against Apple at the Shanghai High People’s Court on September 3, 2021 to stop patent infringement by selling, importing, etc. iPhones incorporating Siri. Xiaoi had earlier sued Apple for 10 billion RMB (~$1.4 billion USD) on August 3, 2020 at the Shanghai High People’s Court. The lawsuit for patent infringement claims Apple infringed Chinese patent no. ZL200410053749.9, …
China’s Supreme People’s Court Affirms Right to Set Royalty Rates Worldwide in OPPO/Sharp Standard Essential Patent Case
In what some might consider a breach of several countries’ sovereignty, on August 19, 2021, the Intellectual Property Tribunal of the Supreme People’s Court affirmed a lower court ruling setting global licensing rates for standard essential patents (SEPs) including in the U.S., Germany and Japan. The Supreme People’s Court ruled in Sharp Corporation v. OPPO et al. in (2020) 最高法知民辖终517 号 that in SEP licensing disputes, Chinese courts can adjudicate royalty rates worldwide based on 1. whether the parties are …
Chinese Patent Bar Applicants Hits New High in 2021 – Over 50,000 People Applied to Take the Exam
According to announcement on September 2, 2021 from the China National Intellectual Property Administration (CNIPA), the total number of online applications for the 2021 Chinese patent bar was 50,425, a year-on-year increase of 4.63%; the number of applicants who passed the qualification review and completed payment was 47,573, a year-on-year increase of 4.99%. This compares with 1,616 applicants in 2020 for the U.S. patent bar exam.