Per CNIPA, 43% of Chinese Patent Firms Have Submitted ‘Irregular’ Patent Applications

Posted on Categories Patents

According to news reports from Chinese central government news services Xinhua and CCTV, the China National Intellectual Property Administration (CNIPA) held an administrative guidance meeting with 14 provincial intellectual property offices on May 28, 2021.  The meeting focused on further regulating irregular patent application activity.  At the meeting, CNIPA disclosed that a high proportion of irregular applications filed this year were filed through more than 1,400 Chinese patent firms (there were3,253 Chinese patent firms at the end of 2020, indicating …

China Releases Administrative Adjudication Measures for Major Patent Infringement Disputes Effective June 1, 2021

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

On May 28, 2021, China’s National Intellectual Property Administration (CNIPA) has released the Administrative Adjudication Measures for Major Patent Infringement Disputes (重大专利侵权纠纷行政裁决办法).  Administrative adjudication provides an alternative to litigation that can be much faster and less expensive than civil litigation but doesn’t provide for damages. The Measures set a deadline of 3 months to complete the adjudication from the date of filing.  The Measures go into force June 1, 2021.

China’s President Xi Jinping Throws His Support Behind an Intellectual Property Rights Waiver for COVID Vaccines

Posted on Categories Patents

On May 21, 2021, President Xi Jinping of China attended the Global Health Summit via video link in Beijing upon invitation and backed an initiative to waive intellectual property rights for COVID-19 vaccines.  He also stated China would support Chinese companies transferring vaccine-related technology to other developing countries and carry out joint production with them.

China Releases Transition Measures for Amended Patent Law Going Into Effect June 1, 2021

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

On May 25, 2021, the China National Intellectual Property Administration (CNIPA) issued the Interim Measures for the Processing of Related Examination Businesses Regarding the Implementation of the Revised Patent Law  (关于施行修改后专利法的相关审查业务处理暂行办法).  As the amended patent law will come into effect on June 1, 2021 and the implementation rules are still being revised, CNIPA issued these Interim Measures that will be effective June 1, 2021.  The Interim Measures cover design patent term, partial design examination, patent term adjustment, patent term extension, …