On May 25, 2021, the China National Intellectual Property Administration (CNIPA) issued the Interim Measures for the Processing of Related Examination Businesses Regarding the Implementation of the Revised Patent Law (关于施行修改后专利法的相关审查业务处理暂行办法). As the amended patent law will come into effect on June 1, 2021 and the implementation rules are still being revised, CNIPA issued these Interim Measures that will be effective June 1, 2021. The Interim Measures cover design patent term, partial design examination, patent term adjustment, patent term extension, …
Category: New Law, Rule or Implementing Regulation
China’s Center for Drug Evaluation Opens Patent Linkage Registration Platform for Public Testing
On May 18, 2021, the Center for Drug Evaluation of China’s National Medical Products Administration has issued the “Notice on the public testing of the patent information registration platform related to the early settlement mechanism of drug patent disputes and other related matters” (关于药品专利纠纷早期解决机制相关专利信息登记平台公开测试等有关事宜的通知) opening up China’s patent linkage registration platform (similar to the FDA’s orange book) for testing through May 31, 2021. The registration system is available at: https://zldj.cde.org.cn.
China’s National Intellectual Property Administration Releases Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications
On May 6, 2021, China’s National Intellectual Property Administration (CNIPA) released Draft Amendments to Several Provisions Regarding the Regulation of Patent Applications for comment (关于规范申请专利行为的若干规定修改草案（征求意见稿)). The Amendments aim to supplement and improve the definition of irregular (i.e., low-quality) patent applications; to clearly stipulate the examination procedures for irregular patent applications; and to update and improve the relevant handling measures for irregular patent applications. Note that Article 3(5) may limit the ability of IP-holding companies to file Chinese patent applications depending …
China’s National People’s Congress Releases English Translation of Civil Code Including Intellectual Property Law Articles
China’s National People’s Congress has recently released a translation of the Civil Code, which includes several intellectual property (IP) law related articles. Some of IP-related articles cover punitive damages for intellectual property infringement (Article 1185), the right of publicity (Articles 989 – 1001), and technology development and transfer (Articles 843 – 887). The IP-related articles are reproduced below for public record and ease of search. The full text in English is available here: Civil Code. The original Chinese text is …