Artificial Intelligence Cannot Be Patent Inventor in China’s Draft Amended Patent Examination Guidelines

Posted on Categories New Law, Rule or Implementing Regulation, Patents

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.

China’s Blue Sky Intellectual Property Industry Rectification Campaign Shows 45% of Violations are for Trademark Squatting and Less Than Half of TM Agencies Signed a Commitment to Abide by the Law

Posted on Categories Trademarks

In a notice issued November 9, 2020, the China National Intellectual Property Administration announced that it organized a  comprehensive review of the 47,000 trademark agencies registered with CNIPA under the Blue Sky IP industry rectification campaign.  Through self-examination, the top violation of trademark law and regulation by trademark agencies was the malicious squatting and hoarding of trademarks with 858 cases (44.94% of all violations); unlicensed practice of patent law 561 (29.4% of the total) was second; third, worryingly, was forging …

Chinese Patent Bar Exam Postponed in Western China Due to COVID-19 Outbreak

Posted on Categories Patents

On November 6, 2020, the China National Intellectual Property Administration (CNIPA) announced the postponement of the Chinese patent bar exam in Western China. Specifically, the exam scheduled for November 14 – 15, 2020 to be held in Urumqi in Xinjiang will be postponed due to an outbreak of COVID-19 in Shufu County and Akto County of Xinjiang. However, no new date has been announced for the Xinjiang testing site.  Other testing sites will remain open. 

China’s State Administration for Market Regulation Releases Updated Regulations on Prohibiting Abuse of Intellectual Property Rights to Exclude and Restrict Competition

Posted on Categories New Law, Rule or Implementing Regulation, Unfair Competition

On November 3, 2020, China’s State Administration for Market Regulation released the Regulations on prohibiting abuse of intellectual property rights to exclude and restrict competition (关于禁止滥用知识产权排除、限制竞争行为的规定).  Originally released in 2015, the Regulations were mainly amended October 23, 2020 to remove the exemption for price fixing behaviors as a monopolistic behavior covered by the regulations.