China’s Supreme People’s Court published on September 11, 2020 (effective September 12) the Provisions on Several Issues Concerning the Application of Law in the Trial of Administrative Cases Concerning Patent Grant and Confirmation (1) (最高人民法院关于审理专利授权确权行政案件适用法律若干问题的规定（一）). The provisions clarify administrative litigation issues for Patent Reexamination Board decisions – both invalidations of granted patents and reexamination of finally rejected patent applications (similar to patent application appeals at the U.S. Patent & Trademark Office).
Category: Patents
China’s Supreme People’s Court Releases Opinions on Increasing Sanctions for Intellectual Property Infringement
The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing the Punishment of Intellectual Property Infringement Acts According to Law” (关于依法加大知识产权侵权行为惩治力度的意见) on September 15, 2020. The opinions confirm the primacy of injunctions and potentially increases the amount of monetary damages typically awarded. The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws. Notably, the opinions amend Article 20 (now Article 15) from the draft opinions by removing a foreigner-targeted clause, …
China’s First COVID-19 Virus Vaccine Patent Granted to CanSino Bio
The China National Intellectual Property Administration (CNIPA) granted on September 11, 2020 what may be the first patent covering a vaccine for the COVID-19 virus. The patent published under number CN111218459B. The Institute of Military Medicine, Chinese Academy of Military Sciences in conjunction with CanSinoBIO, a Chinese vaccine maker, filed application CN202010193587.8 on March 18, 2020 and is entitled “A new recombinant coronavirus vaccine using human replication-deficient adenovirus as a vector.” The patent is based on research earlier published in the Lancet …
China’s Patent Filings Remain Flat in August 2020
The China National Intellectual Property Administration (CNIPA) recently released intellectual property filing data for August 2020 showing a continued stabilization in patent filings after the recent upsurge. Invention patent application filings were flat compared to July 2020 at 134,532 filings while utility model applications were up slightly at 285,720 versus 269,928 filings in July 2020. However, both numbers are significantly higher than August 2019 by 20.7% for invention patent application filings and 46.5% for utility model application filings.