China’s Patent Office Releases Draft Measures for Patent Linkage Administrative Adjudication

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

On February 9, 2021, the China National Intellectual Property Administration (CNIPA) released the Administrative Ruling Measures for the Early Resolution Mechanism for Drug Patent Disputes (Draft for Solicitation of Comments) (药品专利纠纷早期解决机制行政裁决办法(征求意见稿)). This follows on the drafts of the Supreme People’s Court Patent Linkage Litigation Regulations and the joint National Medical Products Administration and CNIPA’s Implementing Measures for Drug Patent Dispute Early Resolution Mechanism issued last year. Patent linkage was introduced in Article 76 of China’s amended Patent Law to take …

China Sanctions Two Firms for Filing “Abnormal” Patent Applications

Posted on Categories Patents

As reported by 知识产权界, two Guangdong firms were recently sanctioned for filing ‘abnormal’ patent applications. On January 18, 2021, the Guangdong Administration for Market Regulation sanctioned Shenzhen Dejin Intellectual Property Agency Co., Ltd. (深圳市德锦知识产权代理有限公司) for filing an abnormal Chinese application.  On December 28, 2020, the Guangdong  Administration Administration for Market Regulation also sanctioned Guangzhou Sino Patent and Trademark Office Co., Ltd. (广州新诺专利商标事务所有限公司) for filing 26 abnormal Chinese patent applications.  Abnormal patent applications usually refer to  multiple patent applications filed by …

Casio Awarded 8.8 Million RMB in Chinese Design Patent Infringement Case for Watches

Posted on Categories Case, Patents

Per a Court announcement, on January 28, 2021 the Shanghai Intellectual Property Court ruled in favor of the plaintiff Casio Computer Co., Ltd.  against the defendants Tornado Company (旋风公司), Smael Company (斯麦尔公司), Weishi Company (威时公司), and Huaxin Products Factory (华鑫制品厂) in a design patent infringement case. The Court awarded 8.8 Million RMB ($1.369 million USD) in damages and expenses as well as an injunction, as is common in China.

Chinese Utility Model Patent Grants Up 50% in 2020, PCT Filings Up Over 18%

Posted on Categories Patents

On January 28, 2021 the China National Intellectual Property Administration (CNIPA) released detailed 2020 Chinese intellectual property statistics but, contrary to prior practice, failed to released patent application filing data for the December 2020 period or the 2020 calendar year as a whole. November 2020 data showed an almost 33% jump in invention patent application filings month-on-month and cumulative invention patent applications filings in 2020 had already exceeded 2019’s total filings.  Most notable though in the released data was a …