On October 13, 2022, the Intellectual Property Tribunal of the Supreme People’s Court of China released an explanation of case # (2022)最高法知民终130号 holding that an incorrect Patent Cooperation Treaty (PCT) applicant has a duty to the true rightsholder including notifying the rightsholder of deadlines for national phase entry.
China Plans to Extend Patent Agency Credit Rating System Nationwide in Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment)
On October 8, 2022, the China National Intellectual Property Administration (CNIPA) released the Administrative Measures for the Credit Evaluation of Patent Agency (Draft for Public Comment) (专利代理信用评价管理办法(公开征求意见稿)). The Draft updates and expands the prior trial started in January 2022 that was limited to Hebei Province, Jiangsu Province, Hunan Province, and Sichuan Province. Potential downgrades have increased for filing abnormal patent applications, especially if the abnormal patent applications causes “major international adverse effects.” Unfortunately, this Draft doesn’t apply to Chinese trademark …
Reminder: Extended CNIPA Closure for Chinese National Day
The China National Intellectual Property Administration (CNIPA) will be closed from October 1, 2022 to October 7, 2022 for the Chinese National Day holiday. All official patent deadlines falling on the above dates will be automatically extended to October 10, 2022. Note that October 8 and 9, 2022 will be work days and CNIPA will be open. Accordingly, please provide your Chinese counsel with instructions for actions due as soon as possible to avoid a rush immediately after the holiday. …
China’s Supreme People’s Court Again Affirms Right to Set Global FRAND Rates in Standard Essential Patents in Nokia/OPPO Case
In a decision released on September 18, 2022 by 知识产权那点事 (not yet available on the Supreme People’s Court website or China Judgements Online), China’s Supreme People’s Court (SPC) affirmed the right for Chinese courts to set global FRAND licensing rates for standard essential patents based on a nexus to China. OPPO had sued Nokia in Chongqing asking the People’s Court to set global licensing rates for Nokia’s standard essential patents (SEPs), which it did. On appeal, the SPC affirmed the …