On May 20, 2022, China’s National Intellectual Property Administration (CNIPA) released the “Notice of the State Intellectual Property Office on Approving the Establishment of Permanent Representative Offices in China by 3 Foreign Patent Agencies including Levy Intellectual Property Company of France” (国家知识产权局关于批准法国利维知识产权公司等3家外国专利代理机构在中国境内设立常驻代表机构的通知). CNIPA authorized 2 French firms and 1 American firm per the Administrative Measures for the Establishment of Resident Representative Offices in China by Foreign Patent Agencies and other relevant rules.
Guest Post: First Successful Patent Invalidation in China Based on No Foreign Filing License
Guest post by Haoyu ZHOU (Elliot) of Foundin Intellectual Property It is commonly known that any inventions made (or partially made) in China must first obtain a foreign filing license from the China National Intellectual Property Administration (CNIPA) BEFORE it can be filed as a patent application in countries/regions outside China. Failing to do so will violet Article 20.1 of the Chinese Patent Law and will result in an invalidation of the corresponding Chinese patent. But, in practice, there were …
China’s State Administration for Market Regulation Releases Typical Cases of Intellectual Property Enforcement for 2021
On April 21, 2022, the State Administration for Market Regulation (SAMR) released the Typical Cases of Intellectual Property Enforcement by Market Supervision Departments (市场监管部门知识产权执法典型案件). The 20 cases involved trademark infringement, patent counterfeiting, Olympic logos, malicious trademark registration and the unauthorized practice of patent law, etc. Of foreign companies involved, one Chinese company was fined 10.55 million RMB for infringement of John Deere’s trademark and another was fine 1.05 million RMB for infringement of Costco’s Kirkland trademark.
China’s Patent Office Releases Top 10 Patent Reexamination Invalidation Cases of 2021
On April 26, 2022, the China National Intellectual Property Administration (CNIPA) announced the Top 10 Patent Reexamination Invalidation Cases Released in 2021 (2021年度专利复审无效十大案件发布). Invalidation cases cover utility models, invention patents, designs and layout designs of integrated circuits. Note that many of the petitioners appear to be straw persons as the real party of interest does not need to be disclosed in invalidations.