Per an August 6, 2024 Notice (关于专利权期限补偿费用缴纳等相关事项的通知) from China’s National Intellectual Property Administration (CNIPA) requests for patent term compensation, i.e., patent term extension (PTE) or patent term adjustment (PTA), filed before July 26, 2024 must be paid by October 26, 2024. Per an earlier Notice, the fee for requesting patent term compensation is 200 RMB. CNIPA will not award any patent term compensation if the fee is not paid the by the deadline.
Category: New Law, Rule or Implementing Regulation
China’s National Intellectual Property Administration Releases Fee Information for Requesting Patent Term Adjustments and Extensions
On August 6, 2024, China’s National Intellectual Property Administration (CNIPA) released fee information for requesting patent term compensation and annuities for the term of any granted compensation. Accordingly, CNIPA may now begin processing requests for patent compensation based on the amended patent law passed in 2020. Requests for patent term compensation including patent term adjustments for CNIPA delay and patent term extensions for pharmaceutical patents will cost 200 RMB. Annuities during the extended period will be 8000 RMB/year. CNIPA also …
China Proposes to Encourage Chinese Law Firms to Establish Overseas Branches
On July 29, 2024, China’s Ministry of Justice published the Regulations of the State Council on the Settlement of Foreign-Related Intellectual Property Disputes (Draft for Soliciting Public Opinions) (国务院关于涉外知识产权纠纷处理的规定（公开征求意见稿)). Per the Draft, Article 8 “encourages law firms, intellectual property service agencies, etc. to improve their foreign-related intellectual property service capabilities, establish practice institutions abroad through the establishment of branches, joint operations, etc., and provide high-quality and efficient foreign-related intellectual property and legal services to Chinese citizens and organizations.”
15% Discount on Chinese Patent Annuities for Open Licensing
Per a slightly ambiguous notice from the Ministry of Finance and the National Development and Reform Commission released July 24, 2024 (财政部 国家发展改革委关于调整优化专利收费政策的通知), annuity fees will be reduced by 15% for Chinese patents for participating in China’s open licensing system. As of the time of writing, there were over 2,000 open licenses published on China’s Intellectual Property Administration’s (CNIPA) online publication system.