On March 12, 2021, the China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) effective immediately. CNIPA is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ (junk) patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total amount of applications filed in China and specifically junk patents.
Category: New Law, Rule or Implementing Regulation
China Releases Draft Measures for Administrative Adjudication of Major Patent Infringement Disputes for Comment
On March 2, 2021, the China National Intellectual Property Administration (CNIPA) released the Measures for Administrative Adjudication of Major Patent Infringement Disputes (Draft for Solicitation of Comments) 《重大专利侵权纠纷行政裁决办法（征求意见稿）》. The Measures, supported by Article 70 of the amended Patent Law, provide an alternative to patent litigation to resolve patent infringement disputes in China. However, unlike litigation, no damages are available as a remedy – only injunctions. The Measures do provide a potential advantage though – speed. CNIPA is supposed to close …
Advice: Delay Filing Chinese Design Patents Until June 1, 2021
China’s newly amended Patent Law goes into effect on June 1, 2021, less than three months away. One of the many significant changes in the Law includes a 50% increase in design patent term from 10 to 15 years. However, no transitional measures have been released yet and it is likely the increased term will only apply to design applications filed on or after June 1, 2021 and not those filed before June 1 but still pending on June 1, …
EU-China Agreement Protecting Geographical Indications Entered into Force March 1, 2021
The China National Intellectual Property Administration (CNIPA) announced that the China-EU Geographical Indications Agreement went into effect March 1, 2021. Per the World Intellectual Property Organization (WIPO), “a geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or …