In China’s Draft Revised Patent Examination Guidelines (Second Draft for Solicitation of Comments) (专利审查指南修改草案(第二批征求意见稿)), Artificial Intelligences (AIs) cannot be listed as inventors for Chinese patent applications. (The draft Patent Examination Guidelines are similar to the Manual of Patent Examining Procedure in the U.S.) The current draft was released by the Chinese National Intellectual Property Administration (CNIPA) on November 10, 2020 with comments due by December 10, 2020.
Category: Patents
Chinese Patent Bar Exam Postponed in Western China Due to COVID-19 Outbreak
On November 6, 2020, the China National Intellectual Property Administration (CNIPA) announced the postponement of the Chinese patent bar exam in Western China. Specifically, the exam scheduled for November 14 – 15, 2020 to be held in Urumqi in Xinjiang will be postponed due to an outbreak of COVID-19 in Shufu County and Akto County of Xinjiang. However, no new date has been announced for the Xinjiang testing site. Other testing sites will remain open.
China’s Operation Blue Sky Patent Attorney Rectification Campaign Bears Fruit
In follow up to the Notice of the China National Intellectual Property Administration (CNIPA) on Deepening the “Blue Sky” Action and Promoting the Healthy Development of the Intellectual Property Service Industry (国家知识产权局办公室关于深化“蓝天”行动 促进知识产权服务业健康发展的通知) issued May 8, 2020, the CNIPA is now publicizing that local Intellectual Property Offices have fined 56 Chinese patent firms a collective 2,455,067 RMB for operating while unlicensed. The patent firms are located in Beijing, Hebei, Shanxi, Jilin, Jiangsu, Zhejiang, Fujian, Shandong, Hubei, and Guangdong. Fines usually …
China’s Supreme People’s Court Releases Draft Patent Linkage Litigation Regulations
On October 29, 2020, in follow up the approval of the amended Patent Law introducing Patent Linkage, China’s Supreme People’s Court released the Draft Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Patent Linkage (关于审理涉药品上市审评审批专利民事案件适用法律若干问题的规定) (征求意见稿)). Earlier this year, before the approval of the amended Patent Law, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial …