On February 10, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures on Regulating Patent Applications (Draft for Comment) (关于规范申请专利行为的办法(征求意见稿)). The draft defines abnormal (read junk) patent applications, related behaviors and the penalties for these behaviors. Apparently, CNIPA does not actually want comments because these draft measures were released right before the week-long Chinese New Year holiday and CNIPA is providing a very short period to submit comments – 16 days. These measures and the concurrent elimination of …
Category: Patents
China’s Patent Office Releases Draft Measures for Patent Linkage Administrative Adjudication
On February 9, 2021, the China National Intellectual Property Administration (CNIPA) released the Administrative Ruling Measures for the Early Resolution Mechanism for Drug Patent Disputes (Draft for Solicitation of Comments) (药品专利纠纷早期解决机制行政裁决办法（征求意见稿)). This follows on the drafts of the Supreme People’s Court Patent Linkage Litigation Regulations and the joint National Medical Products Administration and CNIPA’s Implementing Measures for Drug Patent Dispute Early Resolution Mechanism issued last year. Patent linkage was introduced in Article 76 of China’s amended Patent Law to take …
China Sanctions Two Firms for Filing “Abnormal” Patent Applications
As reported by 知识产权界, two Guangdong firms were recently sanctioned for filing ‘abnormal’ patent applications. On January 18, 2021, the Guangdong Administration for Market Regulation sanctioned Shenzhen Dejin Intellectual Property Agency Co., Ltd. (深圳市德锦知识产权代理有限公司) for filing an abnormal Chinese application. On December 28, 2020, the Guangdong Administration Administration for Market Regulation also sanctioned Guangzhou Sino Patent and Trademark Office Co., Ltd. (广州新诺专利商标事务所有限公司) for filing 26 abnormal Chinese patent applications. Abnormal patent applications usually refer to multiple patent applications filed by …
Casio Awarded 8.8 Million RMB in Chinese Design Patent Infringement Case for Watches
Per a Court announcement, on January 28, 2021 the Shanghai Intellectual Property Court ruled in favor of the plaintiff Casio Computer Co., Ltd. against the defendants Tornado Company (旋风公司), Smael Company (斯麦尔公司), Weishi Company (威时公司), and Huaxin Products Factory (华鑫制品厂) in a design patent infringement case. The Court awarded 8.8 Million RMB ($1.369 million USD) in damages and expenses as well as an injunction, as is common in China.