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The Three-Step Method and Other Factors in Inventiveness Analyses
In this issue, we briefly discuss a 2021 patent invalidation case, in which the Supreme People's Court clarifies how inventiveness analyses, using the Three-Step Method1 and considering Other Factors (similar to Secondary Considerations in U.S. practice), should be conducted.The following is a literal translation of the Supreme Court's own headnote for the case in the
2022-11-25 -
Highlights from the 2021 Annual Report by China National Intellectual Property Administration
The China National Intellectual Property Administration (CNIPA) has recently released its 2021 Annual Report. We now summarize some of the key information and statistics regarding patents in the Report for you to have an easy overview of the current state of Chinese patent application and prosecution. Please note that there are three types of patents in China, i.e. invention&
2022-08-05 -
Highlights from the Annual Report on IP Cases by the Supreme People’s Court
On March 1, 2022, the Intellectual Property Court of the Supreme People's Court (“the IP Court” of the “SPC”) of China released its 2021 Annual Report. We now provide you with the following key data and main characteristics of the different types of cases in the Report.Key DataCase LoadIn 2021, the IP Court continued to see significant increases in both newly receiv
2022-04-25 -
China Joins the Hague System of Industrial Designs
As the Year of the Tiger begins, WIPO announced the exciting news thatChina has decided to join the Hague System for the International Registrationof Industrial Designs, to be effective from May 5, 2022. With Korea, Japan, theUnited States and United Kingdom all joined in recent years, China’s joiningmeans that the contracting parties to the Hague S
2022-02-25 -
Patent Term Adjustment and Drug Patent Term Extension after Amendment to Chinese Patent Law
As we reported in our October 2020 and May 2021 Newsletters, the Fourth Amendment to Chinese Patent Law has become effective from June 1, 2021. In this regard, we want to draw your attention to the following two provisions in the new Patent Law.Article 42.2 For patents granted after four (4) years from the application date and three (3) years from date of request fo
2021-06-11 -
Temporary Rules regarding Examination Work after Implementation of the Amended Chinese Patent Law (Published on May 24, 2021 by CNIPA, Effective from June 1, 2021)
As we reported in our October 2020 Newsletter, the Fourth Amendment to Chinese Patent Law (the Amendment) will be effective from June 1, 2021. We had expected that the corresponding amendments to the Implementing Regulations of the Chinese Patent Law and the Patent Examination Guidelines would have been enacted before June 1, 2021. However, they have not as of late May
2021-05-31 -
Main Points of the Fourth Amendment to Chinese Patent Law (Approved on October 17, 2020, effective from June 1, 2021)
China’s National People’s Congress has approved the Fourth Amendment to Chinese Patent Law on October 17, 2020. The amended law will be effective from June 1, 2021. We also expect that the Implementing Regulations of the Chinese Patent Law and the Patent Examination Guidelines will also be amended accordingly, before the effective date of the amended law. These regulation
2020-10-26 -
Main Points of Proposed Amendment (4th) to Chinese Patent Law
China's National People's Congress (NPC) has recently published an updated Draft of Proposed Amendment to Chinese Patent Law. This will be the Fourth (4th) amendment to the patent law and has been discussed for a number of years. The NPC is currently seeking public comments on the Draft.There are a number of important proposed changes to the law. We have paraphrased and hi
2020-07-14 -
Amendments to the Chinese Patent Examination Guideline Effective on November 1, 2019
On September 23, China National Intellectual Property Administration (“CNIPA”) formally announced the latest Amendment to the Patent Examination Guidelines (“Guidelines”), which will become effective on November 1, 2019. The stated purpose of the Amendment is to improve patent quality and efficiency of examination.Below is a summary of the keys amendments and ou
2019-11-06 -
China Sinda Assisted a Successful End of 2019 CEO Training Programme on Global Technology Innovation and IP
From October 15 to 17, “2019 CEO Training Programme on Global Technology Innovation and IP” that jointly organized by International Institutions of Intellectual Property Office of Singapore, IPR Daily and Singapore International Intellectual Property Exchange (SIIPEx) was successfully held in Singapore.Mr. Zhang Weilin, General Manager of China Sinda Singapore Off
2019-11-04 -
IP Tribunal of the Supreme People's Court
Following the National People's Congress's decision in October 2018 and subsequent rules issued by the Supreme People's Court (SPC), the Intellectual Property Tribunal of the Supreme People's Court of China (IP Tribunal or Tribunal) has been formally established as of January 1, 2019. The Tribunal will serve as the single Second Instance (the effective&#x
2019-04-05 -
Nation Strengthens IPR Protections
China has intensified its efforts to protect intellectual property rights over the past year, with more steps planned for this year, such as amending the Patent Law to substantially increase the cost of infringement, authorities said on Tuesday.Courts across the country handled a surge in IPR-related cases - 288,000 of them, an increase of 42
2019-03-15
