On January 17, 2025, China’s National Intellectual Property Administration (CNIPA) released the “Guidelines for the Belt and Road Accelerated Examination Pilot Program” (“一带一路”专利加快审查试点项目指南), effective January 20, 2025. The Belt and Road initiative is a global infrastructure program launched by China to invest in land and sea corridors to connect China to the world. The Pilot Program, which is somewhat analogous to the Patent Prosecution Highway (PPH), allows for accelerated patent examination in China when a Belt and Road country’s patent …
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Issues Guidelines for Patent Applications for AI-Related Inventions
On December 31, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Guidelines for Patent Applications for AI-Related Inventions (Trial Implementation) (人工智能相关发明专利申请指引(试行)). The Guidelines follow up on CNIPA’s draft for comments issued December 6, 2024 in which only a week for comments were provided. The short comment period implied CNIPA did not actually want comments and is in contravention of the not-yet-effective Regulations on the Procedures for Formulating Regulations of the CNIPA (国家知识产权局规章制定程序规定(局令第83号)) requiring a 30-day minimum comment period. Highlights …
China’s Supreme People’s Court Releases “Opinions on Securing Technological Innovation with High-Quality Trial Services”
On January 6, 2025, China’s Supreme People’s Court (SPC) released the “Opinions of the Supreme People’s Court on Serving Technological Innovation with High-quality Trial Services” (关于以高质量审判服务保障科技创新的意见). While many of the goals listed are very positive to hear, it seems the SPC is frustrated that its basic goals for improving IP protection haven’t been accomplished over the past few years and is now reemphasizing them. Some highlights from the Opinions follow.
China Releases the Sixth Five-Year Reform Outline of the People’s Courts (2024-2028) – Punitive Compensation for IP to be Improved
On December 25, 2024, China’s Supreme People’s Court released the Sixth Five-Year Reform Outline of the People’s Courts (2024-2028) (人民法院第六个五年改革纲要(2024—2028年)). Besides acknowledging the need to “continue to be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era” and “thoroughly implement Xi Jinping’s Thought on the Rule of Law,” etc. the Plan also makes references to improving intellectual property litigation.