On March 12, 2021, the China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) effective immediately. CNIPA is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ (junk) patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total amount of applications filed in China and specifically junk patents.
Category: Patents
China Releases Draft Measures for Administrative Adjudication of Major Patent Infringement Disputes for Comment
On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政裁决办法（征求意见稿）》. The Measures, supported by Article 70 of the amended Patent Law, provide an alternative to patent litigation to resolve patent infringement disputes in China. However, unlike litigation, no damages are available as a remedy – only injunctions. The Measures do provide a potential advantage though – speed. CNIPA is supposed to close …
Chinese Provincial Intellectual Property Offices Crack Down on “Irregular” Patent Applications; 400,000 Chinese Patent Applications to be Withdrawn as Irregular?
Earlier this month (March 2021), several provincial Intellectual Property (IP) Offices, including Jiangsu Province, Sichuan Province, Jiangxi Province, and Zhejiang Province, issued notices cracking down on irregular patent applications. Jiangsu Province issued a notice stating that irregular applications were found for 10,495 applicants and 309 agencies, including 149 patent agencies in the province. Sichuan Province announced a total of 12,601 irregular patent applications not for the purpose of protecting innovation (79 of which have been withdrawn voluntarily), including 2,246 applicants …
China’s Supreme People’s Court Releases 46 Adjudication Rules Based on 55 Example Intellectual Property Cases from 2020
On February 27, 2021, the Intellectual Property Tribunal of China’s Supreme People’s Court released a set of 46 rules based on a selection of 55 example cases from the 2,787 technical intellectual property (IP) cases concluded by the Court in 2020. From these 55 cases, the Tribunal refined them into 46 adjudication rules covering the trial of patent civil cases, the trial of patent administrative cases, the trial of new plant variety cases, trial of trade secret cases, trial of computer …