Recently released data for April 2023 from China’s National Intellectual Property Administration (CNIPA) shows an acceleration in the drop of utility model grants. Cumulatively (from January through April 2023), utility model grants were down almost 37% year-on-year to 757,817 grants and down over 70% in April 2023 to 268,331 grants versus April 2022. Utility model grants were down 21.7% to 600,206 grants in the first quarter of 2023 versus a year ago. This drop, combined with an almost 3% increase …
Category: Utility Model
Intellectual Property Tribunal of China’s Supreme People’s Court Releases ‘Typical Cases’ of 2022 List
On March 30, 2023, the Intellectual Property Tribunal of China’s Supreme People’s Court (SPC) released the “Typical Cases of the Intellectual Property Tribunal of the Supreme People’s Court (2022)” (最高人民法院知识产权法庭典型案例(2022)). The SPC selected 20 cases from the 3,468 technology-related intellectual property and monopoly cases it concluded in 2022 to “summarize and give full play to the positive role of typical cases, effectively increase the protection of intellectual property rights, and maintain a fair competition order in the market.” Per the …
Chinese Invention Patent and Utility Model Grants Both Up 31% in 2021
At the National Meeting of Directors of Intellectual Property Offices held on January 6, 2022, China National Intellectual Property Administration (CNIPA) Director Shen Changyu released some initial data on 2021 intellectual property grants. Specifically, In 2021, the quantity and quality of intellectual property development indicators have both increased. In terms of creativity, 696,000 invention patents, 3.120 million utility models, and 786,000 designs were authorized, and the number of high-value invention patents per 10,000 people in my country (excluding Hong Kong, …
China’s Supreme People’s Court Rules Utility Model Patent Unenforceable if Corresponding Invention Patent Application Fails to Grants
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.