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)

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

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

China implemented a Patent Prosecution Highway program to expedite examination of invention patent applications in December 2011. In the year of 2016, (the year for which most recent data is available) the China State Intellectual Property Office had received 5,274 requests for expedited examination via the PPH program, among which 1,904 were filed by U.S. applicants and second only to Japanese Patent Office (JPO)[1]. We believe the number of requests will keep growing as USPTO is examining applications faster, which means faster grants and therefore more Applicants will be eligible to take advantage of the PPH in China.
Continue Reading China’s Patent Prosecution Highway: Tips For US Applicants

There are significant differences between U.S. and Chinese patent practice, particularly with respect to Office Action (OA) responses.  U.S. patent practitioners should know about these differences so that (1) when they are drafting U.S. cases to be translated and filed in China, they can avoid submitting claims and doing other things that will not work in China and that will have to either be redone by the Chinese firm before filing or will result in needless rejections and delay, and (2) when they are working with their Chinese counterpart counsel, they can have a better understanding of Chinese practice.

 
Continue Reading What U.S. Patent Practitioners Should Know About the Differences Between U.S. and Chinese Prosecution Practices