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The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. 201310567987.0 (the ’987 patent)[1] because the patentee failed to submit a request for grace period for a novelty art (“the Request”) within two months after the patentee knew or should have known about the novelty art. The novelty art is an article published within the grace period (i.e., within six months before the priority date of the ’987 patent), and all the inventors of the ’987 patent are also authors of the article. In addition, the article was cited by the patentee for related projects after the ’987 patent was granted. Therefore, the PRID found that the patentee knew about the novelty art at least when the patentee cited the novelty art. The PRID further found that 1) the patentee should have known the novelty art would anticipate the claims of the ’987 patent; and 2) it is the patentee’s responsibility to file the Request in time after the patentee knew or should have known about the novelty art after the application was filed.…

Continue Reading A Request for Grace Period for a Novelty Art Should Be Submitted Within Two Months When the Patentee Knew or Should Have Known About the Novelty Art After the Patent Application Was Filed

The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of Chinese design patent No. ZL201730205645.3 (the ’645 patent) in an invalidation proceeding.[1] The PRID held that the patented designs are patentable because the more squared-off design of the ’645 patent is significantly different compared to…

The China National Intellectual Property Administration (CNIPA) will be closed from April 5, 2019 to April 7, 2019 for the Qingming festival. All official deadlines falling on the above dates will be automatically extended to April 8, 2019.

The Qingming festival, also known as the Tomb-Sweeping Day, is a traditional Chinese festival observed by the…

The China National Intellectual Property Administration (CNIPA) will be closed from February 4, 2019 to February 10, 2019 for the Chinese New Year holiday. All official deadlines falling on the above dates will automatically be extended to February 11, 2019. Accordingly, please instruct your Chinese counsel in advance to ensure timely handling of matters due…

The China National Intellectual Property Administration (CNIPA) will be closed from December 30, 2018 to January 1, 2019 for the New Year holiday. All official deadlines falling on the above dates will be automatically extended to January 2, 2019. Please note that Christmas is not an official holiday in China and the deadlines of CN…

Michael Mangelson has been IP Attaché at the US consulate in Shanghai since 2014. In this interview, we talk with Michael about what is the US IP attaché program and specifically his role in China.

Aaron Wininger: First off, what is the US IP Attaché program?

Michael: The United States Patent and Trademark Office’s (USPTO) Intellectual Property (IP) Attaché Program works to improve IP systems internationally. The attachés advocate to improve IP policies, laws, and regulations abroad, which benefits the host country as well as U.S. businesses and stakeholders.

Aaron: How about more specifically in China?

Michael:  I work closely with U.S. companies on IPR protection and enforcement issues and coordinate with U.S. government agencies and China counterparts to resolve IP concerns, promote U.S. IP policy in China, and encourage effective IP protection and enforcement in China. This includes assisting U.S. businesses on IPR issues in China, advising officials at all levels of the U.S. government on China’s IP system, conducting training activities and advising the Chinese government on U.S. IP law and policy, and helping to secure high IPR standards in trade agreements and China’s laws and monitoring implementation of these provisions.…

Continue Reading Interview with US Shanghai Consulate IP Attaché Michael Mangelson