Chinese and U.S. patent law have significant differences. This article will discuss some of the incentives and long-term patent-related risks facing U.S. companies with research and development centers and inventors in China. Inventor Remuneration Article 16 of the China Patent Law requires employers (or other entity assigned patent rights) to provide inventors with reasonable remuneration. Articles 76- 78 of the Rules of Implementing the Patent Law provide a minimum of 3000 RMB (about $440) to be paid within three months …
Category: Patents
Chinese Patent Filings Down Almost 10% in First Half of 2019
At a press conference earlier this month, a spokesperson for the China National Intellectual Property Administration (CNIPA), announced that the number of Chinese invention patent applications filed in the first half of 2019 decreased by 9.4% year on year. Still, that amounted to 649,000 applications in half a year, which is more than the number of annual U.S. patent application filings. Chinese Trademark applications were also down. However, despite the overall decrease in patent filings, the number of foreign-originated Chinese …
10 Things to Know About the Chinese Patent Process
Chinese and U.S. patent prosecution have significant differences. By being aware of these differences, U.S. patent attorneys can speed up prosecution, attain stronger patent protection and potentially reduce associated costs. Filing 1. National Phase Entry Deadline The deadline to enter the national phase in China is 30 months. However, this deadline can be extended as a matter of right to 32 months[1] with the payment of a 1,000 RMB fee (about $150). However, unlike the U.S., this deadline cannot be …