On August 30, 2023, China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Delayed Examination of Invention Patent Applications (发明专利申请延迟审查办理指南). Delayed examination has many potential benefits including delaying incurring fees associated with prosecution (e.g., attorney fees) and potentially allowing for the crafting of claims for stronger reads on products that emerge after the initial patent application filing. This latter may be especially useful as China generally doesn’t allow long chains of divisionals as in the United States. Note the …
Category: Patents
China’s State Administration for Market Regulation Releases Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment
One June 30, 2023, China’s State Administration for Market Regulation (SAMR) released the Draft Anti-monopoly Guidelines in the Field of Standard Essential Patents for Comment (关于标准必要专利领域的反垄断指南(征求意见稿)). Per Article 1, the Guidelines are formed to “prevent and stop undertakings from abusing standard essential patents to exclude or restrict competition, protect intellectual property rights, improve the efficiency of economic operation, and safeguard the interests of consumers and the public interest of society.” Excerpts follow. Comments are due July 29, 2023.
China’s State Administration for Market Regulation Releases “Provisions Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition”
On June 29, 2023, China’s State Administration for Market Regulation (SAMR) released the Provisions Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition (禁止滥用知识产权排除、限制竞争行为规定) effective August 1, 2023. These Provisions update the Regulations on Prohibiting the Abuse of Intellectual Property Rights to Exclude and Restrict Competition issued in 2015. The Provisions cover licensing, standards setting and patent pooling among other areas.
2022 Annual Report of the China National Intellectual Property Administration: 955,000 Patent Applications Were ‘Abnormal’
On June 5, 2023, China’s National Intellectual Property Administration (CNIPA) released the 2022 Annual Report of the China National Intellectual Property Administration (国家知识产权局2022年度报告) including statistical data on 2022 patent application filings. In 2022 CNIPA identified 955,000 abnormal patent applications (up 17% on 2021) and 372,100 malicious trademark registrations (down slightly from 2021). As there was a total of 5,365,000 patent applications (invention, utility model and design) filed in 2022, then almost 18% of patent applications in 2022 were abnormal (assuming …