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.

Prison for over 200 fraudulent Chinese patent applications yielding 900,000 RMB in government awards

Posted on Categories Case, Utility Model

According to a news report by 知识产权界, on December 3, 2020, the People’s Court of Shehong City, Sichuan heard the corruption and bribery case of defendant Guo, and the corruption case of defendants Chen, Wu, and Wu . The court of first instance sentenced Guo to 6 years and 8 months imprisonment, fined Guo 400,000 yuan, and ordered him to refund the economic losses caused by his corruption. Guo had fraudulently filed and obtained 231 utility model patents and then …

Chinese Utility Model Patent That Survived 19 Invalidation Attempts Leads to 1 Million RMB in Damages

Posted on Categories Case, Utility Model

In decision (2020)最高法知民终357号 released August 10, 2020, China’s Supreme People’s Court affirmed an earlier award of 1 million RMB (~$145 thousand USD) for infringement of utility model (UM) patent no. ZL201420522729.0.  The UM relates to a selfie stick and has already survived 19 attempts at invalidation. 

Utility Model Patents: An Overlooked Chinese IP Right

Posted on Categories Patents, Utility Model

Chinese utility model patents are often overlooked by U.S. applicants when filing patent applications in China. This might be due to a lack of familiarity with them, as the U.S. patent system does not separately provide a similar intellectual property right, and many inventions may not qualify for a UM patent due to limited subject matter eligibility. The China National Intellectual Property Administration grants UM patents only for products. The products “shall be objects manufactured by industrial methods, having definite …