Last year, the State Intellectual Property Office (SIPO), (now, the China National Intellectual Property Administration (CNIPA)), announced Administrative Measures for Prioritized Examination[1] (“the Measures”), which took effect as of August 1, 2017.  At the anniversary of the measures, we explain how domestic and foreign applicants can use the measures to expedite examination of their patent applications. Continue Reading Expedited Patent Examination in China Without the Patent Prosecution Highway (PPH)

China promulgated an electronic commerce law on August 31, 2018, effective, January 1, 2019.  Of interest to intellectual property rights (IPR) holders, the law makes e-commerce platform operators potentially jointly and severally liable with IP infringers and enables the relevant administrative department (e.g., the China National Intellectual Property Agency (CNIPA)) to fine platform operators up to 2 million RMB (~$291,000) for failure to protect IPR. The law also formalizes a mechanism for IPR disputes on e-commerce platforms. Continue Reading China Promulgates Electronic Commerce Law

 

The China National Intellectual Property Administration (CNIPA) will be closed from October 1, 2018 to October 7, 2018 for the Chinese National Day holiday. All official deadlines falling on the above dates will be automatically extended to October 8, 2018.  Accordingly, please provide your Chinese counsel with instructions for actions due as soon as possible to avoid a rush immediately after the holiday. Continue Reading Upcoming CNIPA Holiday Closure – Chinese National Day

The China National Intellectual Property Administration (CNIPA) will be closed from September 22, 2018 to September 24, 2018 for the Chinese Mid-Autumn Festival. All official deadlines falling on the above holiday will be automatically extended to September 25, 2018.  Continue Reading Upcoming CNIPA Holiday Closure – Mid-Autumn Festival

As of September 1, 2018, the China National Intellectual Property Administration (CNIPA – the new name for the combined China Patent & Trademark Office) will no longer automatically retrieve electronic priority documents from the USPTO via the PDX system.  Instead, CNIPA will retrieve priority documents via WIPO DAS, which will require providing the DAS access code.  The access code is the 4-digit confirmation number listed on USPTO filing receipts and used in the USPTO Electronic Filing System (EFS) and does not need to be requested independently from WIPO. Continue Reading CNIPA Switches to WIPO DAS from PDX for Electronic Retrieval of USPTO Priority Documents

On April 25 this year the China National Drug Administration (CNDA) published a proposed draft on Implementing Measures for Pharmaceutical Trial Data Protection.  The measures prevent other drug manufacturers from relying on earlier trial data to receive sales approval without permission from the owner of the earlier trial data.  The proposed draft extends the trial data protection term to up to 12 years compared with that of up to 6 years previously.  During the protection term, the CNDA will not approve marketing of the same drug[i] from a third party without permission of the owner whose drug gets a trial data exclusivity, except if the third party independently runs a trial and collects trial data. Continue Reading China plans to increase market exclusivity term for pharmaceuticals based on improved pharmaceutical trial data protection

On March 29, 2018, the State Council issued Measures for transferring Intellectual Property rights (IPR) to foreign parties (Pilot) (hereinafter called “Measures”). The Measures are effective immediately and apply to all technical IPR (i.e., patents, registered integrated circuit layout designs, computer software copyrights and new plant varieties rights). According to the Measures, in IPR export and M&A approval process, a relevant IP department under the State Council (e.g., the State Intellectual Property Office) must conduct additional review before IPR transfer to a foreign entity or before foreign investors acquire Chinese companies that include IPR transfer.  Previously, in IPR export approval process, only non-IP departments reviewed IPR transfer. In M&A approval process, no government departments reviewed IPR transfer. Continue Reading China tightens scrutiny on Intellectual Property transfers to foreign parties

This March, the Beijing Intellectual Property Court (the court) held that the deadline for claiming domestic priority is when an applicant completes registration formalities (i.e., pays required fees) and not later, when SIPO actually grants a resulting patent. In an administrative trial ((2015) JingZhiXingChuZi No.:2822), Richtek Electronics Co., Ltd. (Richtek) sued the State Intellectual Property Office (SIPO) based on a Notification that a claim to priority in a later-filed application was deemed not to have been made since the later-filed application was filed after payment of fees but before grant of the parent application.

Continue Reading Beijing Intellectual Property Court Clarifies Deadline for Claiming Domestic Priority in China

Unlike the U.S. Patent & Trademark Office (USPTO) which substantially increased some of its fees as of January 16, 2018[1], China’s State Intellectual Property Office (SIPO) has waived[2] some of its patent fees as of August 1, 2018.  This approach aims at reducing the financial burden to applicants and patent owners, and encouraging patent filings. Continue Reading The Chinese State Intellectual Property Office (SIPO) has waived some of its patent fees as of August 1, 2018