On November 27, 2020, the China National Intellectual Property Administration released the draft implementation rules for the amended Patent Law (专利法实施细则修改建议（征求意见稿)). The draft rules cover changes required to implement the amended patent law, including patent term extension and adjustment, partial design patents, open licensing system and other areas. The draft rules also add the right to restore priority.
Category: Patents
China and U.S. Rank Even in Wireless Communication Patent Applications Worldwide Through October 2020
According to a study released November 19, 2020 by Incopat, China and the U.S. are running even on worldwide wireless communication patent application publications from January to October 2020. Specifically, in the field of H04W (wireless communication networks), which includes 5G, China and the U.S. both have 32% of the worldwide published patent applications. Japan comes in third with 15%. The top Chinese filer was Huawei with 8,607 published patent applications and the top U.S. filer was Qualcomm with 5,807 …
Chinese Patent Filings Down 14% in October 2020
According to statistics released November 17, 2020, October 2020 Chinese invention patent applications filing dropped 14.5% versus September 2020. Similarly, utility model patent applications filings dropped almost 15%. While a drop was expected due to the Mid-Autumn Festival and National Day holidays, the drop was much steeper than last year’s drop of 6.3% and 5.8% respectively. The China National Intellectual Property Administration (CNIPA) did not provide a reason for the drop. Cumulative filings though are significantly higher than last year, …
China’s Supreme People’s Court Releases Provisions on Evidence in Intellectual Property Civil Litigation
China’s Supreme People’s Court released Provisions on Evidence in Intellectual Property Civil Litigation (最高人民法院关于知识产权民事诉讼证据的若干规定) on November 16, 2020 and goes into effect November 18, 2020. Some of the highlights include potential burden shifting in methods of manufacture claims, evidence needed to file a declaratory judgment action for non-infringement, admission of foreign-originated evidence, evidence preservation, and court-appointed experts.