Beijing Patent Attorney Association Research Shows Chinese Patent Drafting is 1/4 the Price of U.S. Patent Drafting

Posted on Categories Design Patent, Patents, Utility Model

On September 23, 2021, the Beijing Patent Attorney Association  released a summary of fees charges for drafting various patent applications for the city of Beijing. Coincidentally, the American Intellectual Property Law Association (AIPLA) has just also just released their 2021 Economic Survey, which makes for an interesting comparison.  So, while fees have mainly remained flat in the U.S., fees in Beijing have increased significantly but are still about 1/4 of U.S. fees despite Beijing housing being twice as expensive as …

China’s Supreme People’s Court Rules Utility Model Patent Unenforceable if Corresponding Invention Patent Application Fails to Grants

Posted on Categories Case, Patents, Utility Model

In a decision released by the Intellectual Tribunal of China’s Supreme People’s Court (SPC) on July 23, 2021, the SPC explained that a granted utility model patent may be unenforceable when a corresponding invention patent application was rejected during substantive examination.  The plaintiff had filed both utility model and invention patent applications on the same day for the same invention. While the utility model granted, the invention patent application was rejected in substantive examination for lacking novelty and inventiveness.

China Utility Model Patent Application Filings Up 29% in 2020; Foreign-Originated Chinese Invention Patent Application Filings Down 3%

Posted on Categories Design Patent, Patents, Trademarks, Utility Model

In the newly released China National Intellectual Property Administration (CNIPA) 2020 Annual Report (国家知识产权局2020年度报告)  the number of invention patent applications filed in China in 2020 was 1.497 million, a year-on-year increase of 6.9%. Among them, there were 1.345 million domestic invention patent applications filed, accounting for 89.8% of the total, a year-on-year increase of 8.1%; there were 152,000 foreign invention patent applications filed in China, accounting for 10.2% of the total, a year-on-year decrease of 3.0%.  Note China had ceased …

The Intellectual Property Tribunal of China’s Supreme People’s Court Released Top 10 Cases of Technical Intellectual Property Rights in 2020

Posted on Categories Case, Copyright, Patents, Trade Secrets, Utility Model

On February 26, 2021, the Intellectual Property Tribunal of the Supreme People’s Court released a list of top 10 cases of technical intellectual property rights for 2020 that the tribunal ruled on.  The list covers anti-suit injunctions, trade secret theft, punitive damages, software copyright infringement, utility model infringement, invention patent invalidation, dueling administrative and civil enforcement appeals of patents, integrated circuit layout design infringement, affirmative injunctions and antitrust.