On October 29, 2020, in follow up the approval of the amended Patent Law introducing Patent Linkage, China’s Supreme People’s Court released the Draft Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Patent Linkage (关于审理涉药品上市审评审批专利民事案件适用法律若干问题的规定) (征求意见稿)). Earlier this year, before the approval of the amended Patent Law, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued the draft Implementing Measures for Drug Patent Dispute Early Resolution Mechanism (Trial …
Category: Patents
Contents of the Chinese Patent Bar Exam
Foreigners can now, under strict conditions, take the patent bar examination. A brief summary of the exam follows. The exam, which is held once a year, takes place over a day and half with three parts: Patent legal knowledge, Related legal knowledge, and Patent agency practice (e.g., drafting claims). However, unlike the U.S. patent bar examination, the Chinese patent bar examination also covers enforcement of patent rights as well as other areas of law. The next exam will be held …
China Releases Q3 2020 Patent Application Filing Data
The China National Intellectual Property Administration (CNIPA) recently released data through the third quarter of 2020. September 2020 invention patent application filings were up almost 12% month on month and utility patent application filings were up 6.9% month on month. Year on year, September 2020 invention patent application filings were up over 10% and utility model filings were up 33%.
Chinese Applicants Will Soon be Able to Select the European Patent Office as Search Authority in PCT Applications
The European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) jointly announced on October 20, 2020 that Chinese applicants will be able to select the EPO as International Search Authority (ISA) in Patent Cooperation Treaty (PCT) applications in a 2-year pilot program. Currently, Chinese applicants can only select CNIPA as ISA for their PCT applications. The pilot, which starts on December, 1, 2020, will be limited to a total of 2,500 applications in the first 12 months …