Chinese Patent Prosecution Flow

Posted on Categories Patents

Update: The 15-day mail delay used in calculating deadlines will be removed effective January 20, 2024 in electronically filed (i.e., most) patent applications. During prosecution of a Chinese invention patent application (as distinct from a utility model application), the China National Intellectual Property Administration (CNIPA) will issue over 10 notices over the typical course of the prosecution process.  Most of these notices require responses with varying deadlines, which will be discussed further below.  

China Releases Report on Development Status of the National Patent Agency Industry (2019)

Posted on Categories Patents

On September 30, 2020, the China National Intellectual Property Administration (CNIPA) released a report on the Development Status of the National Patent Agency Industry (2019) (全国专利代理行业发展状况(2019年)). 2019 highlights include China having 2,691 patent agencies compared to 796 agencies in 2010; 20,192 practicing patent agents compared to 6,437 in 2010; and 43,702 people registered for the patent agent qualification examination with 5,381 people passing.

China Announces Completion of Their Third Generation Nuclear Reactor Backed by Over a Thousand Patents

Posted on Categories Patents

As reported by the South China Morning Post on September 28, 2020, China’s State Power Investment Corporation Limited (SPIC) has announced the completion of the development of their third generation nuclear reactor referred to as CAP 1400 or 国和一号.  Based on AP1000 technology from Westinghouse, “the CAP1400 has two primary coolant loops that transfer the heat generated by the fission reaction of 235U in the reactor core to the steam generator (SG). Each loop consists of a hot leg, two cold …

China Releases Antitrust Guidelines for Intellectual Property

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Patents

China’s State Administration for Market Regulation released the Antitrust (also referred to as Anti-Monopoly) Guidelines of the Antitrust Committee of the State Council on the Field of Intellectual Property (国务院反垄断委员会关于知识产权领域的反垄断指南).  The guidelines are dated January 4, 2019 but only officially released on September 18, 2020.  The guidelines cover Intellectual Property Agreements That May Exclude or Restrict Competition; Abuse of Dominant Market Position Involving Intellectual Property Rights; Concentration of Operators Involving Intellectual Property Rights; and other Circumstances, such as patent pooling.