This article was originally published in IP Watchdog here. Besides the requirement for a foreign filing license (sometimes referred to as a confidentiality review) under Article 19 of the Patent Law to file a Chinese patent application abroad, there is an additional requirement under China’s Export Control regime to assign a Chinese patent or patent application to a foreign entity per Article 10 of the Patent Law. Under Chapter III of the Foreign Trade Law of the People’s Republic of …
Category: Patents
CNIPA Releases 4th FAQ on Patent Open Licensing – Handling of Relevant Legal Formalities
On August 28, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Frequently Asked Questions about Patent Open Licensing Business- Handling of relevant legal formalities” (专利开放许可业务常见问题解答-相关法律手续业务的办理). Patent open licensing “means that the patentee voluntarily declares to the National Intellectual Property Administration in writing that he is willing to license any unit or individual to implement his patent, and specifies the payment method and standard of the license fee, which will be announced by the National Intellectual Property Administration and implemented …
Sichuan Patent Agents Stage Boycott
As reported by 知识产权界, the Sichuan Patent Agents Association is publicly boycotting the Zigong Hospital’s (in Sichuan Province) public bidding for patent agency services because the hospital’s proposed fees were too low. The Sichuan Patent Agents Association has issued a document entitled “Proposal to Boycott the Bidding of Zigong First People’s Hospital” that stated the service procurement project issued by Zigong First People’s Hospital (project number: N5103012024000334) set flat fees that were unreasonably low. Reportedly, all members of the Association …
CNIPA Releases Third FAQ on Patent Open Licensing – Withdrawal of Patent Open Licensing Declaration
On August 28, 2024, China’s National Intellectual Property Administration (CNIPA) released the “Frequently Asked Questions about Patent Open Licensing Business- Withdrawal of Patent Open Licensing Declaration” (专利开放许可业务常见问题解答-专利开放许可声明的撤回). Patent open licensing “means that the patentee voluntarily declares to the National Intellectual Property Administration in writing that he is willing to license any unit or individual to implement his patent, and specifies the payment method and standard of the license fee, which will be announced by the National Intellectual Property Administration and …