On March 11, 2025, the National People’s Congress approved the China’s National Development and Reform Commission report on the 2024 implementation of China’s economical and social development and draft plan for 2025. Of note, the number of high-value invention patents per 10,000 people reach 14, exceeding the 2025 goal of 12 high-value patents per 10,000 people in China’s National Intellectual Property Administration’s (CNIPA) 14th five-year plan.
Category: Patents
China’s State Council Releases Antitrust Guidelines for the Pharmaceutical Sector Covering Reverse Payments and Evergreening
In follow up to the State Administration for Market Regulation’s (SAMR) draft of August 9, 2024, China’s State Council has released the final version of the Antitrust Guidelines for the Pharmaceutical Sector (国务院反垄断反不正当竞争委员会关于药品领域的反垄断指南) on January 24, 2025. Of specific interest to patentees are the regulations on reverse payments and evergreening, translations of which follow. The existence of patents can also used in the determination of a dominant market position.
EU Files Second Request for Consultations at WTO re China’s Patent Enforcement Practices
On January 20, 2025, the European Union (EU) has filed a second request for consultations at the World Trade Organization (WTO) aiming to remove allegedly “unfair and illegal trade practices by China in the sphere of intellectual property.” Specifically, in DS632, the EU states that Chinese courts have set worldwide royalty rates for standard essential patents (SEPs) without consent of both parties. The Request cites a November 28, 2023 decision setting worldwide licensing rates in the Nokia/Oppo case. Not mentioned …
China’s National Intellectual Property Administration Launches Belt and Road Patent Accelerated Examination Pilot Program
On January 17, 2025, China’s National Intellectual Property Administration (CNIPA) released the “Guidelines for the Belt and Road Accelerated Examination Pilot Program” (“一带一路”专利加快审查试点项目指南), effective January 20, 2025. The Belt and Road initiative is a global infrastructure program launched by China to invest in land and sea corridors to connect China to the world. The Pilot Program, which is somewhat analogous to the Patent Prosecution Highway (PPH), allows for accelerated patent examination in China when a Belt and Road country’s patent …