China’s Supreme People’s Court released Provisions on Evidence in Intellectual Property Civil Litigation (最高人民法院关于知识产权民事诉讼证据的若干规定) on November 16, 2020 and goes into effect November 18, 2020. Some of the highlights include potential burden shifting in methods of manufacture claims, evidence needed to file a declaratory judgment action for non-infringement, admission of foreign-originated evidence, evidence preservation, and court-appointed experts.
China Releases Draft Revised Patent Examination Guidelines for Comment
On November 10, 2020, the Chinese National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (Second Draft for Solicitation of Comments) (专利审查指南修改草案(第二批征求意见稿)). The Patent Examination Guidelines are the Chinese equivalent of the USPTO’s Manual of Patent Examining Procedure. Highlights include: excluding artificial intelligence entities from inventorship; clarifies patentable subject matter for diagnostic methods; clarifies prior art found on the Internet; clarifies technical means for inventions related to computer programs; and adds involuntary deferred examination for invention patent …
China’s National People’s Congress Passes Amendments to Copyright Law Increasing Damages
On November 11, 2020, China’s National People’s Congress approved amendments to the Copyright Law. The amendments will become effective June 1, 2021. Some of the highlights include punitive damages for intentional infringement, an increase in statutory damages, and an increase in civil fines for copyright infringement.
Artificial Intelligence Cannot Be Patent Inventor in China’s Draft Amended Patent Examination Guidelines
In China’s Draft Revised Patent Examination Guidelines (Second Draft for Solicitation of Comments) (专利审查指南修改草案(第二批征求意见稿)), Artificial Intelligences (AIs) cannot be listed as inventors for Chinese patent applications. (The draft Patent Examination Guidelines are similar to the Manual of Patent Examining Procedure in the U.S.) The current draft was released by the Chinese National Intellectual Property Administration (CNIPA) on November 10, 2020 with comments due by December 10, 2020.