446 articles
Key Amendments to the Chinese Trademark Law
The newly revised Trademark Law will officially come into effect on January 1, 2027. It consists of 9 chapters and 87 articles in total, with the core substanti…
Software Copyright Registrations in China Reach 3.1828 Million in 2025, Up 12.58%
The National Copyright Administration of China released China’s Copyright Protection and Development Status (2025), which disclosed the following information.
Arguments Concerning Technical Motivation in Responses to Inventiveness Objections
In the process of responding to office actions, arguing inventiveness is often a difficult point in convincing examiners, especially with regard to “common gene…
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Trademark Assignment Likely to Cause Confusion or Adverse Effects
Trademark assignment, as an important means of transferring trademark rights, helps revitalize trademark resources and boost the development of the brand econom…
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Searching Figurative Trademarks by Image
Question: When conducting a similarity search for a figurative trademark on the China Trademark Website of the China National Intellectual Property Administration (CNIPA), can a trademark image file be uploaded to perform the search?
Key Highlights of the New Judicial Interpretation on Punitive Damages
The Supreme People’s Court of China has issued a new judicial interpretation on punitive damages in intellectual property cases, formally titled the Interpretat…
China Accounts for Approximately 60% of Global AI Patents
According to data from the World Intellectual Property Organization (WIPO), China has become the world’s largest holder of artificial intelligence patents, acco…
Revisions to the Examination Rules for "Double Filing on the Same Day" under the Latest Examination Guidelines
"Double filing on the same day" refers to the specific legal act whereby the same applicant files both an invention patent application and a utility model paten…
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Time Limits for Changing Inventors
Question: What are the time limits for changing inventors in a Chinese patent application? Will a request filed after the prescribed deadline necessarily be refused?
Notes on the Use of Registered Trademarks in China
In China, upon the approval of registration of a trademark by the Trademark Office, the trademark registrant shall enjoy the exclusive right to use the trademark. The reg…
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Recent Developments in China’s IP Examination
From 2021 to 2025, China’s patent and trademark examination system underwent a major upgrade.
China Shifting Patent Policy from Quantity to Quality
Against the backdrop of China’s leading position in global patent filing applications, the Chinese government has gradually shifted its policy focus in recent y…
The IP Tribunal of the Supreme Court Has Accepted Over 24,000 Cases Since Its Establishment
Since its establishment on January 1, 2019, the Intellectual Property Tribunal of the Supreme Court of China (the Tribunal) has accepted a total of 24,602 cases…
Addressing Lack-of-Support Objections in Biochemical Patent Applications: Antibody Sequence Limitations
In the practice of patent validity determination in the biochemical field, Article 26, Paragraph 4 of the Chinese Patent Law (Claims shall be supported by the specificati…
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The Core Impact of Determining the Technical Problem on the Assessment of Inventiveness
When assessing whether an invention is eligible for patent protection, inventiveness constitutes one of the core criteria of assessment, as it directly relates to the rec…
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Inventor Identity Information in Patent Applications
Question: What inventor identity information must be provided in a patent application request form under the revised Chinese Patent Examination Guidelines?
Guidelines for Multiple Applications of Partial Design Patents
In October 2025, the China National Intellectual Property Administration (CNIPA) issued the Guidelines for Multiple Applications of Design Patents. The core pro…
CNIPA Implements the Measures for Expedited Examination of Trademark Registration Applications
On July 7, 2025, the CNIPA officially implemented the Measures for Expedited Examination of Trademark Registration Applications. Compared with the Measures (Tri…
China IP Data Express
〇In November 2025, the China National Intellectual Property Administration (CNIPA) announced that the average examination period for invention patents in China …
Protection and Practical Strategies for Bitstream Inventions under the Amended Patent Examination Guidelines
On November 10, 2025, the China National Intellectual Property Administration (CNIPA) released the Decision on Amending the Guidelines for Patent Examination. The documen…
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Summary of Key Revisions to the Guidelines for Patent Examination
On November 10, 2025, the CNIPA issued the Decision of the China National Intellectual Property Administration on Amending the Patent Examination Guidelines. The amended …
Read article ↗Refunds of Duplicate or Excess Patent Fees
Question: In China, if the annual fee for a patent has been paid more than once, is it possible to apply for a refund?
Revised Anti-Unfair Competition Law Takes Effect on October 15, 2025
The newly revised Anti-Unfair Competition law expands from 33 articles to 41 articles, including General Provisions, Unfair Competition Acts, Investigations of …
The amendments to the Implementing Regulations of the Patent Law and the Patent Examination Guidelines regarding procedural aspects
The revisions to the Implementing Regulations of the Patent Law of China (2023) and the Patent Examination Guidelines (2023) officially came into effect on Janu…
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New Requirements for Trademark Non-Use Cancellation Applications
Article 49 of the Chinese Trademark Law provides that “Where a registered trademark has not been put in use for three consecutive years without a justifiable re…
Read article ↗Patent Examination and Grant Statistics of the IP5 Offices
According to the 2023 IP5 Statistics Report jointly issued by the world's five major intellectual property offices (IP5), a comparison of China's invention patent grant rate and examination time with the other four patent offices reveals that China's patent examination speed ranks second fastest among the IP5, trailing only Japan while surpassing South Korea and Europe.
Chinese Courts Concluded Over 543,000 IP Cases in 2024
The Supreme People's Court released Judicial Protection Status of Intellectual Property Rights by Chinese Courts (2024).
Foreign Evidence of Prior Public Use in Invalidation Proceedings
Question: I would like to file an invalidation request against a certain patent, relying on evidence of prior public use to argue that the patent lacks novelty. However, the evidence of prior public use is not from China, but from the United States and Europe. Would such evidence obtained outside China be disqualified or disregarded by the Chinese examiner?
WIPO: China, Japan, and the United States Lead Innovation in Future Transportation Technologies
WIPO's technology trends report examines innovation in future transportation, including sustainable power, electric vehicles and autonomous transport.
CNIPA Releases 2024 Data on China's Intellectual Property
CNIPA's 2024 data covers patent grants and international applications, examination periods, reexamination and invalidation proceedings.
CNIPA: 2024 China Patent Survey Report
The survey reports on patent infringement experienced by Chinese enterprises and their enforcement responses, including compensation and barriers to pursuing claims.
A Brief Discussion on the Contribution of Performance Parameter Limitation to Product Claims
The article considers when a performance parameter makes a substantial contribution to a product claim, using polymer and resin-particle examples.
Read article ↗A Brief Discussion on the Legal Protection of Unregistered Trademarks in China
The article discusses the protection of unregistered trademarks under China's Trademark Law and Anti-Unfair Competition Law, including prior use and the limits of protection.
Read article ↗How to claim priority in trademark registration applications in China?
Question: How to claim priority in trademark registration applications in China?
CNIPA Releases “Measures for the Calculation of Illegal Turnover in Trademark Infringement Cases”
On October 14, 2024, the National Intellectual Property Administration issued the "Measures for the Calculation of Illegal Turnover in Trademark Infringement Ca…
Beijing Intellectual Property Court Releases White Paper on Judicial Trial Work (20142024)
Recently, the Beijing Intellectual Property Court released the "White Paper on the Judicial Work of the Beijing Intellectual Property Court in the Past Ten Year…
The Supreme People's Court released the "Annual Report of the Intellectual Property Court of the Supreme People's Court (2023)"
The annual report pointed out that, in 2023, the Intellectual Property Court of the Supreme People's Court (hereinafter referred to as the "Court") accepted a t…
Patent Term Extension for Pharmaceutical Patents in China
The term of invention patents is twenty years, counted from the date of application. The newly revised Patent Law, specifically in the second and third paragrap…
Read article ↗Points to Consider When Designating Class 35 Services in Chinese Trademark Applications
According to the relevant provisions of the Trademark Law and its Implementing Regulations, when applying for registration of a trademark, the applicant shall f…
Read article ↗Requesting Deferred Patent Examination
Question: I would like to request a deferred examination for a Chinese invention application, hoping to postpone the examination as much as possible. Is there a way to do so? If yes, what is the maximum duration for which the examination can be deferred?
Issues regarding Hong Kong standard patent application and its registration procedure
Hong Kong standard patent is a patent application that is extended and registered in Hong Kong based on a patent application filed in one of Chinese National In…
Special Time Limits for Territorial Extension of Madrid Trademark Registrations to China
The standards of substantive examination on territorial extension request for Madrid trademarks in China are the same as the standards on domestic trademarks in…
Read article ↗Assignment Documents at PCT National Phase Entry
Question: A PCT application is going to enter the Chinese national phase, and the applicants were two Japanese companies A and B when filing the PCT application. However, at the PCT international stage, the procedure of change of applicants was carried out, and the application was transferred from companies A and B to company A, then the International Bureau (IB) issued the Notification of Change (Form PCT/IB/306). In this case, is it still necessary to submit the documents proving the transfer of the application right to the CNIPA when entering the Chinese national phase?
Number of Patent Attorneys in China Reaches 34,000
At present, there are 860,000 intellectual property talents in China.
Examination Period for Invention Patent Applications in China Shortened to 15.7 Months in 2024
CNIPA reported in July 2024 that the examination period for invention patent applications in China had been shortened to 15.7 months. It was expected to fall to 15 months in 2025.
Statistics on PPH cases in 2023
The following is the pendency and the number of office actions for PPH (including PCT-PPH) accepted by CNIPA, USPTO, JPO and KIPO.
Who is winning the AI Race in China?
Sullivan, a consulting institution, issued the White Paper on China AI Technology Transformation of Enterprise Services (2023). The report pointed out that in 2…
CNIPA released China Patent Investigation Report (2023)
Recently, China National Intellectual Property Administration (CNIPA) released China Patent Investigation Report (2023). The main points are as follows.
WIPO released World Intellectual Property Report (2024)
The World IP Organization (WIPO) has released World Intellectual Property Report (2024) on making innovation policy work for development. The report made analys…
Experimental Data in Chinese Patent Application Documents
Due to the special nature of technology, the patent application for invention in the field of Chemistry often requires experimental data to demonstrate the bene…
Read article ↗Examination of Chinese Trademarks Containing Generic Names
According to the relevant provisions of the Trademark Law of China, if a trademark only contains the generic name of the designated goods or services, it shall …
Read article ↗Obtaining Documents from Chinese Patent Files
Question: Can a third party access the “statement of opinion” for a Chinese application through the Chinese Patent Examination Information Inquiry System (https://cpquery.cponline.cnipa.gov.cn/)?
Key Changes to the Assessment of Inventiveness in China
The recently updated Patent Examination Guidelines in 2023 took effect on January 20, 2024. This article aims to outline the key revisions concerning inventiven…
Read article ↗Patent Term Adjustment for Invention Patents in China
In China, the duration of invention patent right is twenty years, counted from the filing date. The second paragraph of Article 42 of the newly revised Patent L…
Read article ↗Examination of Partial Design Applications in China
In the Examination Guidelines revision of December, 2023, the examination of partial design applications has been introduced. Based on this revision, the differ…
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Changes to Reexamination and Invalidation Procedures in China
The China Patent Examination Guidelines has recently undergone the latest revision and was officially implemented on January 20, 2024. This paper will briefly i…
Read article ↗Service of Trademark Non-Use Notices on Foreign Registrants
Question: In non-use cancellation cases where the registrant of the mark is a foreign entity, to whom will the China Trademark Office send “the Notice of Providing Evidence of Use”?
Highlights of the revision for Implementing Regulations of the Chinese Patent Law
On December 21, 2023, China State Council announced the revised Implementation Regulations of the Chinese Patent Law, which came into effect on January 20, 2024…
IP5 Statistics Report (2022) released
On December 21, 2023, the world's top 5 intellectual property offices (IP5) released the IP5 Statistics Report(2022). This report mainly introduces the patent a…
WIPO: 40% of the global patent applications for AI come from China
On November 8, 2023, Daren Tang, Director General of the World Intellectual Property Organization (WIPO) in 2023 World Internet Conference, pointed out that at …
Can particle substances be protected in a Chinese utility model?
Can a utility model application be granted for a technical solution that includes particle substance in the utility model claims? This question actually concern…
Read article ↗Combining Patent Term Adjustment and Extension
Question: If a patent qualifies for both patent term adjustment (PTA) and pharmaceutical patent term extension (PTE) under Article 42 of the Chinese Patent Law, must the patentee choose one, or can both periods be added together?
Trademark Use for “Sales Promotion for Others” in Class 35: The “几米阳光 and Device” Cancellation Review
Registration No.:4871143 Approved Services (Class 35): Organization of exhibitions for commercial or advertising purposes; acting as an intermediary for others (purchasing goods or services on behalf of other businesses); sales promotion for others; import-export agency services.
Read article ↗CNIPA releases statistics on patent implementation licensing contracts
China National Intellectual Property Administration (CNIPA) has released statistical data on patent implementation licenses for the year 2022 and the past five …
China sets clear goals of building an Intellectual Property Powerhouse
The State Council has issued the "Outline of Building an Intellectual Property Powerhouse (2021-2035)" (hereinafter referred to as the "The Outline"). The Outli…
Handling Trademark Matters Directly in China
There are two ways for an applicant to handle trademark issues in China, one is to handle by himself, and the other is to entrust a trademark agency established…
Read article ↗Supplementary Experimental Data for Chemical Patent Applications in China
As we all know, in the patent application documents for inventions or utility models, it is necessary to clearly indicate the technical problems to be solved, t…
Read article ↗2021: Zhejiang Province Opens 379 Patents for Royalty-Free Licensing
In October 2021, Zhejiang Province, China, announced that 379 patents were available for royalty-free licensing. Enterprises could use these patents without paying licens…
Online Trademark Searches by Foreign Applicants
Question: Can foreign applicants search trademark information on the website of China Trademark Office?
China saw over 4.56 million valid invention patents and 44.23 million valid registered trademarks
According to data released by China National Intellectual Property Administration (CNIPA) recently, the number of valid invention patents in China exceeded 4.56…
China prosecutes 11,675 suspects involved in IPR crimes in the first half of 2023
In the first half year of 2023, China’s procuratorial organs have prosecuted 11,675 individuals for intellectual property rights (IPR) infringement crimes, an i…
The Scope of Well-Known Trademark Recognition from the Michelin case
[Case No.]
Applicant and Inventor Information Required for Patent Applications in China
・Types of applicant
Brief Analysis of Determination on Identical and Similar Combination Trademarks
Theoretically speaking, a combination trademark refers to a trademark composed of any two or more of the six elements of "words, graphics, letters, numbers, three-dimensi…
China Records Significant Growth in Patent Agencies and Attorneys in 2022
The State Intellectual Property Office of China (CNIPA) released the "National Intellectual Property Agency Industry Development Status (2022)". The report poin…
Trademark Use in Non-Use Cancellation Proceedings
I. Legal provisions on the use of trademarks Article 48 of the Chinese Trademark Law stipulates: "The use of a trademark as referred to in this Law means the ac…
Read article ↗Amending a Patent Application When Requesting Reexamination in China
In accordance with the relevant provisions of the Chinese Patent Law, the amendments to the application document made by the petitioner submitting a request for…
Read article ↗CNIPA Publishes the 2022 Annual Report
In June 2023, the China National Intellectual Property Administration（CNIPA） published its 2022 Annual Report, containing the following important information related to patents.
Statistics on PPH cases accepted by CNIPA in 2022
The following is the pendency and the number of office actions for PPH (including PCT-PPH) accepted by China, the United States, Japan and South Korea.
Online Software Copyright Registration
Question: It is said that in China, software copyright registrations are handled online from June 1, 2023, and the China Copyright Protection Center (CPCC) will no longer accept mailed materials for software copyright registration from June 1. After the software copyright registration becomes paperless, what is the requirement on the applicant's signature? Can electronic seals or electronic signatures be used in uploaded application materials?
Is it necessary to request a foreign filing license before submitting a DAS deposit request?
Digital Access Service for priority documents (Abbr. as DAS hereinafter) is an electronic service established and managed by the International Bureau of the Wor…
Top PCT filers in China
On February 28, 2023, the World Intellectual Property Organization (WIPO) released its latest report in Geneva, which stated that in 2022, the number of international patent applications submitted by China through the Patent Cooperation Treaty (PCT) reached 70,015, an increase of 0.6% year-on-year, and continued to rank first in the world.
CNIPA released "Guidelines for Accelerating Examination of Trademark Change, Transfer, Renewal and other Subsequent Applications"
At the end of March 2023, the Trademark Office of the China National Intellectual Property Administration released "Guidelines for Accelerating Examination of Trademark Change, Transfer, Renewal and other Subsequent Applications".
CNIPA Sets 2023 Targets for Shorter Patent and Trademark Examination Times
The China National Intellectual Property Administration (CNIPA) pointed out the following priorities for 2023.
The Bolar Exception in a Rivaroxaban Patent Infringement Case
This case is one of the 20 typical cases selected by the Intellectual Property Tribunal of the Supreme People's Court from the 3468 technical intellectual property and mo…
Preliminary Approval and Registration Announcements
Question: What is the difference between trademark preliminary approval announcement and registration announcement in China?
Valid invention patents in China rank No. 1 globally
Recently, China National Intellectual Property Administration (CNIPA) released 2022 statistics on patent and trademark, which mainly involves the following aspe…
CNIPA: Fully Implementing Electronic Patent Certificates
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FAQs on Procedures for Changing Bibliographic Data of PCT International Applications entering the Chinese National Phase
Patent Cooperation Treaty, abbreviated as PCT, which makes a single patent application filed in only one language at an international receiving office regarded …
CNIPA released “China Patent Investigation Report 2022”
At the end of 2022, CNIPA issued “China Patent Investigation Report 2022” (hereinafter referred to as the report).
Service of Non-Use Notices for Madrid Trademarks
Question: I have a Madrid international registered trademark and obtain the extension protection in China. Now someone has filed a cancellation application against the mark in China based on the ground of non-use for three consecutive years, to whom will the Chinese Trademark Office send the Notification of Submission of Proof of Use?
Significant increase in patent applications under prioritized examination
The “Measures for the Administration of the Prioritized Examination of Patents” enforced by the China National Intellectual Property Administration on August 1,…
Acquired Distinctiveness of Trademarks in China
1. Legal provisions The distinctive features of a trademark, also called “the distinctiveness of a trademark”, refers to the features that a trademark should ha…
Read article ↗World Intellectual Property Indicators 2022: Asia drives growth
The World Intellectual Property Indicators (WIPI) report released by the World Intellectual Property Organization (WIPO) reveals that innovators around the world filed 3.4 million patent applications in 2021, with a growth of 3.6% compared to 2020.
TOP10 private enterprises for invention patent grants in China of 2021
The Intellectual Property Development & Research Center of the China National Intellectual Property Administration released on its website a report on the number of invention patents granted to Chinese private enterprises (2021).
Deadlines Falling on Holidays or Adjusted Working Days
Question: If the expiration date of a time limit is a statutory holiday or a weekend that is adjusted to be a working day, how should the expiration date be determined?
Average Examination Time for Invention Patents in China Falls to 16.5 Months
China National Intellectual Property Administration (CNIPA) published data about China's intellectual property rights for the decade from 2012. Among them, the …
China Introduces Fully Online Applications for Review of Trademark Refusals
To further enhance the electronic level of trademark review and adjudication, and strengthen the effective connection between administration and justice, the Tr…
Benefits of Customs Recordation of Intellectual Property Rights in China
China Customs published the benefits of customs recordation of intellectual property rights in China. Specifically include the following.
Basic requirements for designating goods and services in Chinese trademark registration applications
Ⅰ. Overview of the classification of goods and services
Read article ↗Patent Prosecution Highway Examination Times
Question: How Fast is the Patent Prosecution Highway in China?
New Features of Intellectual Property Protection in China
Recently, the China National Intellectual Property Administration (CNIPA) released "China Patent Investigation Report 2021", pointing out four new features of C…
Annual Fee Payment Extension for Patents enjoying China's Patent Fee Reduction Policy
Recently, the China National Intellectual Property Administration (CNIPA) issued an announcement on matters related to the payment of annual patent fees (No. 48…
CNIPA Guiding Case No. 8: Mediation Agreement and Judicial Confirmation of Design Patent Infringement Disputes
Markor International Household Products Co., Ltd. found that a number of products promised to be sold by a company in Shanghai were suspected of infringing mult…
Overview of the Measures for the Registration of the Pledged Patent Rights in China
The means of debt guarantee stipulated by the Civil Code of the People's Republic of China include guarantee, mortgage, pledge, lien and deposits.
Read article ↗Invalidation Deadlines After Trademark Opposition
Question: According to Article 45 of the Chinese Trademark Law, the period for filing a request for invalidation of a registered trademark is five years from the date of registration of the trademark. We would like to know, for the trademark registered after the opposition procedure, how to determine the starting date of the five years (i.e., the date of registration)?
Annual Report of CNIPA (2021): 55.0% Grant rate of invention patents
China National Intellectual Property Administration (CNIPA) issued the 2021 annual report in June, 2022. Below are main information and statistical data relatin…
CNIPA Ends Stamp Duty on Patent Registration from June 15, 2022
In order to cooperate with the implementation of the “Stamp Tax Law of the People's Republic of China, the China National Intellectual Property Administration w…
The number of practicing patent attorneys in China in 2021 is 26,000, and is expected to reach 40,000 in 2025
Up to the end of August, 2021, the number of patent agencies in China has reached 3,746. At the end of 2021, the number of practicing patent attorneys in China …
Remedies When Patent Rights Restoration Is Refused
Question: If the CNIPA refuses a request for restoration of patent rights and the party disagrees with that decision, what remedies are available?
Common reasons for refusal of trademarks containing numbers in China
According to Article 8 of the Chinese Trademark Law, any sign that can distinguish the goods of a natural person, legal person or other organizations from those of others…
Read article ↗Over 6.26 million copyright registrations in China in 2021
On March 23, 2022, the National Copyright Administration released the notification on national copyright registrations in 2021. According to statistics, the tot…
Guinness VS. WRCA Trademark Infringement and Unfair Competition Dispute Case
Guinness World Records Limited (hereafter referred as the “Guinness”) was established in November 1954 in the United Kingdom and is a well-known company special…
Arguing Inventiveness Without Amending Claims in China
The inventiveness of the invention is well known, which means that as compared with the prior art, the invention has prominent substantive features and represen…
Read article ↗WIPO Report: China Is the Leading Source of Patent Filings for COVID-19 Vaccines and Therapeutics
In March 2022, the World Intellectual Property Organization (WIPO) published its Patent Landscape Report: COVID-19-Related Vaccines and Therapeutics. This was WIPO’s firs…
Correcting Errors in Trademark Documents
Question: If there are obvious errors in the trademark application documents or trademark registration documents, can they be amended?
CNIPA released IP data in 2021
CNIPA released the statistical data of intellectual property related work in 2021. By the end of 2021, the statistics of Chinese patents, trademarks and other i…
CNIPA released the Measures for Rapid Examination of Trademark Applications
China National Intellectual Property Administration (CNIPA) released the Measures for Rapid Examination of Trademark Applications (hereinafter referred to as “t…
Disclaimer Amendments in Chinese Patent Applications
A "disclaimer amendment," as the name implies, is an amendment that excludes a certain technical feature from a claim and that usually uses a negative technical…
Read article ↗China joins WIPO's Hague System
China has joined the Hague System bringing the total number of countries covered to 94.
Activities of Foreign Patent Agency Representative Offices
Question: Are resident representative offices of foreign patent agencies in China allowed to engage in Chinese patent affairs such as acting for patent applications or invalidating patent rights?
CNIPA to cease issuing paper certificates of trademark registration
The CNIPA announced recently that paper certificates of trademark registration will no longer be issued from 1 January 2022. For trademark applications submitte…
AUX v. Gree: RMB 167 Million Awarded in a First-Instance Patent Infringement Judgment
Recently, two civil judgments of the first instance of Ningbo Intermediate People's Court of Zhejiang Province (hereinafter referred to as Ningbo Intermediate P…
CNIPA’s Strategic Recommendations for Corporate Trademark Protection
On November 23, 2021, the CNIPA issued Guidelines on Trademark Protection and Enforcement in China, which specifically gave strategic suggestions on enterprise …
Overview of the Trademark Examination and Trial Guidelines
Recently, the China National Intellectual Property Administration (CNIPA) has adjusted and supplemented the Trademark Examination and Trial Standards (hereinaft…
Read article ↗Patent Term Compensation and Early Resolution of Pharmaceutical Patent Disputes
In order to encourage the research and development of new drugs, in the Chinese Patent Law, implemented from June 1, 2021, a patent term compensation mechanism …
Read article ↗Patent Term Adjustment for Examination Delays
Question: In order to make up for the loss of the patent term caused by the unreasonable delay in the substantive examination of the invention patent, can we request compensation for the patent term?
Common Problems in Preliminary Examination of Utility Model Applications in China
1. What are involved in the preliminary examination?
Read article ↗CNIPA Releases Patent Agency Industry Status Report (2020)
On August 27, 2021, the China National Intellectual Property Administration (CNIPA) released a report entitled Development Status of the Patent Agency Industry (2020).
Global Innovation Index 2021: China Edges Closer to Top 10
On September 20, 2021, the World Intellectual Property Organization (WIPO) released Global Innovation Index 2021 (hereinafter referred to as “the GII”).
Claiming Priority from a US Provisional Application
Question: I want to know if a US provisional application could be used as a priority for a Chinese patent application?
Can Advertising Slogans Be Registered as Trademarks?
Under China’s Trademark Law, any sign capable of distinguishing the goods of one natural person, legal person or other organization from those of others may be registered…
Read article ↗CNIPA publishes IP statistics for the first half of 2021
CNIPA recently published the statistical data of patents and trademarks in the first half of 2021.
Statistical Annual Report of International Trademark Registration in 2021
The World Intellectual Property Organization (WIPO) released the Statistical Annual Report of International Trademark Registration in 2021. In 2020, due to the …
Requirements of Application Documents and Relevant Examination Regulations on Partial Design
The partial design system was introduced in the 4th Amendment of Patent Law of the People's Republic of China implemented on June 1, 2021. The specific provisio…
Assignment and Transfer of Registered Trademarks in China
Ⅰ. Legal Basis and Application Conditions According to Article 42 of China's Trademark Law and Articles 31 and 32 of the Regulations for the Implementation of t…
Read article ↗Time Limits for Further Divisional Applications
Question: An examiner has identified a lack of unity in a divisional application. When must the applicant file a further divisional application in response to the examiner’s opinion?
Major Players in Global 6G Communication Technology
On April 25, 2021, the Intellectual Property Development Research Center of the State Intellectual Property Office of China released the Report on the Patent De…
CNIPA Continues to Shorten Trademark and Patent Examination Times
CNIPA pointed out on May 10, 2021 that it will continue to compress the examination cycles of trademarks and patents, as follows.
A Closer Look at Recording Contracts of Patent Licensing in China
Under Article 12 of the Chinese Patent Law “any entity or individual exploiting the patent of another shall conclude with the patentee a license contract for ex…
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CNIPA Publishes the 2020 Annual Report
In April 2021, the China National Intellectual Property Administration（CNIPA） published its 2020 Annual Report, containing the following important information related to patents and trademarks. ● Patent 1.497 million invention patent applications were filed in 2020, up 6.9% year-on-year.
Patent Annuity Periods and Payment Queries
Question: How are patent years calculated for annual fee payments in China? Can payment information be checked on the CNIPA website?
Chinese Appeal Cases of Software Copyright in 2020
In the recently issued Annual Report of the Intellectual Property Court of the Supreme Court (2020), computer software appeal cases heard by the Intellectual Pr…
Highlights on Chinese judicial interpretations of punitive damages for IPR infringements
The Interpretation of the Supreme Court on the Application of Punitive Damages to the Trial of Civil Cases of Infringement of Intellectual Property Rights (here…
Trademark Applications Filed on the Same Day in China
1. What is “the same-day applications”?
Read article ↗Who are the main PCT filers in China?
On March 2, 2021, WIPO released the data of the international filings for patents, trademarks and industrial designs in 2020.
Trademark Examination and Review Standards
Question: Do the Trademark Office’s Examination Department and Review Department apply different standards when assessing trademark applications?
China Shortens Examination Times for Invention Patents and Trademarks in 2020
The average pendency time for Chinese invention patent applications was about 22.2 months in 2019, and was reduced to 20 months in 2020. The average pendency ti…
The revision of the Guideline for Patent Examination on Supplementary Experiment Data Submission
The China National Intellectual Property Administration (CNIPA) revised the Guideline for Patent Examination, which mainly focused on the revision in the field …
Wyeth Wins 30.55 Million RMB in Chinese Trademark Infringement Case
Over its eponymous trademark, American company Wyeth LLC had been entangling in an IPR battle with Guangzhou Wyeth Baby Products Co., Ltd. (Guangzhou Wyeth) for…
Key Changes to Design Patent Applications in China
1. Modification of the requirements for design application filing documents Regarding the improper generic and abstract name of product for design, it is clearl…
Read article ↗Calculating the Non-Use Period for International Trademarks
Question: How to determine the three-year period for a cancellation request against a registered international trademark on the ground of non-use for three consecutive years?
The amended Copyright Law will become effective on June 1, 2021 in China
On November 11, 2020, China’s National People’s Congress approved amendments to the Copyright Law. The amendments will become effective on June 1, 2021. The ame…
Statistics on PPH requests in China
According to the statistics of Patent Prosecution Highway (PPH) provided by CNIPA, by the end of December 2019, CNIPA has received 37,265 PPH requests, includin…
Amendments to substantive examination of the Guidelines for Patent Examination
The amendments to the contents about substantive examination of invention patent application of the Guidelines for Patent Examination focus on the following thr…
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Scope of Provisional Patent Protection
Question: If the protection scope claimed by the applicant at the time of publication of the invention patent application is inconsistent with the protection scope of the patent right at the time of the announcement of grant of the invention patent, how to determine that the doer has exploited the patent during the temporary protection period (i.e. the period from the date of publication of the invention patent application to the date of announcement of grant of the invention patent)?
Who is the main player of AI in China?
On November 13, 2020, China Industrial Control Systems Cyber Emergency Response Team(CICS-CERT) released "Analysis Report on Artificial Intelligence (AI) Technology for Chinese Patent Applications (2020)"(hereinafter referred to as the Report), showing the new trend of innovation and development in the field of AI in China. ● China's Patent Applications in AI The number of Chinese patent applications in the field of AI is on the rise year by year.
Investigation report of Beijing IP Court on damages compensation in patent infringement cases
The judicial remedy value is an important reflection of the market value of patent rights and an important embodiment of the judicial protection of intellectual…
Supreme Court issues judicial interpretation on Cases Involving Granting and Confirmation of Patent Rights
On 11 September 2020, the Supreme Court issued the "Provisions on Several Issues concerning the Application of Law in the Trial of Administrative Cases Concerni…
The Original Grant Patent System for Standard Patents in Hong Kong's New Patent System
Hong Kong's new patent system came into effect on December 19, 2019. Prior to this, patents in Hong Kong were divided into two categories: standard patents and …
Read article ↗Amendments to Chinese Patent Law from 1 June 2021
The fourth amendment to the Chinese Patent Law was passed on October 17, 2020 and will be in effect on 1 June 2021.
Foreign Nationals and China’s Patent Attorney Examination
Question: Are foreigners allowed to take the Chinese patent bar exam?
Significant Growth of Chinese Patent and Trademark Applications in the First Half of 2020
In the first half of 2020, 2.195 million patent applications for invention, utility model and design in China were filed with CNIPA, with a year-on-year increas…
CNIPA issued Judging Criteria for Trademark Infringements
In June 2020, the China National Intellectual Property Administration (“CNIPA”) issued the Judging Criteria for Trademark Infringement (“Criteria”). There are 3…
China: Draft Amendments to Patent Law Released for Comment
Draft Amendments to the Chinese Patent Law were released for public comment on July 2020. Major aims of the proposed revision are strengthening patent protectio…
Updating a Foreign Trademark Owner’s Name and Address in China
Trademark Office?
Read article ↗WIPO: China Becomes Top Filer of PCT International Applications in 2019
The World Intellectual Property Organization (WIPO) released the results of the international applications of patents, trademarks and industrial designs in 2019…
Annual Report of the Intellectual Property Court of the Supreme People's Court (2019)
On January 1st, 2019, the Intellectual Property Court of the Supreme People's Court (hereinafter referred to as the "IP Court") was officially unveiled and beca…
Amendments to the Patent Examination Guidelines for Inventions Involving Embryonic Stem Cells
1. Background of the Amendments According to some relevant explanations of the China National Intellectual Property Administration (CNIPA) and our understanding…
Read article ↗CNIPA: Matters Concerning the Time Limits for Trademark Business Handling Due to the COVID-19 Epidemic
On February 6, CNIPA published the Answers to Matters Concerning the Time Limits for Trademark Business Handling Due to the COVID-19 Epidemic (hereinafter referred to as …
Michael Jordan Prevails in Eight-Year Trademark Battle at China’s Supreme People’s Court
In a long-running dispute with Qiaodan Sports Co., Ltd., Michael Jordan recently prevailed at China’s Supreme People’s Court in revoking a trademark for “Qiaodan and Devi…
Amendments in Multi-Class Trademark Applications
Question: A trademark application covers three classes, but the Trademark Office requires an amendment to the identification of goods in only one class. If the amendment is not filed or is not accepted, will the other two classes be affected?
U.S. Patent Grants to Chinese Companies Record the Fastest Growth in 2019
A report showed that the total number of U.S. grant patents for Chinese mainland companies increased by 34 percent in 2019, the strongest growth among major eco…
Obtaining Paper Patent Certificates
Question: I heard China Patent Office would cease issuing Paper Patent Certificates. If we want the Paper Patent Certificates, how to get it?
Statistics of Intellectual Property Data in 2019: Invention Grant Rate 44.3%, Utility Model Grant Rate 79.9%
In 2019, the number of patent applications for invention in China was 1.401 million, a year-on-year decrease of 9.1%; the number of granted invention patents was 453,000, a year-on-year increase of 4.8%.
Restoration Procedures Related to Novel Coronavirus
In response to the pneumonia epidemic infections caused by the novel coronavirus, the CNIPA issued Announcement No.350 with regard to the relevant time limits for handlin…
Protecting Trade Secrets: A Cross-Border Case
Our client, a European Company A, is facing a problem. An employee B prior to resigning from Company A and in breach of his employment contract, takes confidential inform…
Read article ↗Beijing Intellectual Property Court Reports Growth in Foreign-Related Cases
The Beijing Intellectual Property Court, established in November 2014, not only has jurisdiction over civil and administrative cases of intellectual property rights in Beijing, but also has exclusive jurisdiction over administrative cases of granting and confirmation of intellectual property rights throughout the country.
Questions and Answers on China’s Centralized Patent Examination System
Question: 1. What is "centralized examination"?
CNIPA’s November 2019 Draft Examination Rules for AI, Algorithms and Business Methods
Invention patent applications involving new technologies such as artificial intelligence, or involving new formats, new fields are distinctly different from other invention patent applications, the characteristic of which is, besides technologies, rules and methods for mental activities such as algorithms or commercial methods are generally included in their invention solutions.
Can a Trademark Consent Letter Be Found Through the Trademark Office’s Website?
Question: Can a Trademark Consent Letter Be Found Through the Trademark Office’s Website?
The Fourth Amendment to China’s Trademark Law
The fourth amendment to the Trademark Law of the People’s Republic of China took effect on November 1, 2019.
Read article ↗CNIPA Publishes Patent and Trademark Statistics for the First Half of 2019
On July 9, 2019, the National Intellectual Property Administration (CNIPA) released First Half of 2019 Statistical Data on Patent and Trademark.
Chinese Patent Applications Filed Abroad, 2014–2017
As shown in the figure below, the overall trend of invention patent applications from Chinese applicants to foreign countries is on the rise, among which the top five destinations are the United States, the European Patent Office, Japan, South Korea and India.
Key Points of the Amended China Patent Examination Guidelines (2019)
On September 23, 2019, the National Intellectual Property Administration (CNIPA) released an amendment to the Patent Examination Guidelines (PEG) and announced that the amended PEG will be effective from November 1, 2019.
How Can I Check Whether a Chinese Patent Licence Has Been Recorded?
Question: How Can I Check Whether a Chinese Patent Licence Has Been Recorded?
The “唯依” Device Mark and Louis Vuitton: A Trademark Administrative Dispute
An administrative lawsuit between Sheyang Xin'an Te Wire and Cable Factory (hereinafter referred to as Xin'an Te Wire and Cable Factory) and Louis Vuitton Malletier (hereinafter referred to as Louis Vuitton) over the trademark No.
FILA Trademark Case: RMB 8.32 Million Award Upheld on Appeal
Plaintiff: FULL PROSPECT (IP) PTE.
China Issues Commercial 5G Licences
China's Ministry of Industry and Information Technology （MIIT）issued the 5G licenses to China Telecom, China Mobile, China Unicom, and China Broadcasting Network on Thursday, June 6, 2019.
China’s 2018 Design Patent Statistics
In 2018, CNIPA received 709,000 design patent applications, an increase of 12.7% over the previous year.
China Cuts Official Trademark Fees
Effective from July 1, 2019, Chinese government reduced the following official trademark fees:.
Does China Provide Punitive Damages for Trade Secret Infringement?
Question: Does China Provide Punitive Damages for Trade Secret Infringement?
Understanding Article 50 of China’s Trademark Law
Article 50 provides that, when a registered trademark is revoked, declared invalid or cancelled because it is not renewed on expiry, the Trademark Office must not approve an identical or similar trademark within one year from the relevant date.
Read article ↗Huawei Leads WIPO’s Published PCT Applications in 2018
“Asia is now the majority filer of international patent applications via WIPO, which is an important milestone for that economically dynamic region and underscores the historical geographical shift of innovative activity from West to East.”.
China Announces Targets for Shorter Patent and Trademark Examination
On April 25, 2019, Commissioner Shen Changyu from China National Intellectual Property Administration (CNIPA) stated that the examination period of patents and trademarks will be further accelerated to make China the quickest country granting IP rights.
China’s Copyright Registrations Exceeded 3.45 Million in 2018
In 2018, copyright registrations in China maintained the rapid growth of recent years.
Which country/region has launched the Collaborative Search Pilot Program (CSP) with China?
Question: Which country/region has launched the Collaborative Search Pilot Program (CSP) with China?
How effective are trademark coexistence agreements in China?
The International Trademark Association (INTA) defines a trademark coexistence agreement as “an agreement by two or more persons that similar marks can coexist without any likelihood of confusion” and “allows the parties to set rules by which the marks can peacefully coexist”.
Read article ↗Red-Sole Case Recognizes Eligibility of a Single Colour Applied in a Specific Position
Case number: (2018) Jing Xing Zhong No.
CNIPA Publishes China’s 2018 Intellectual Property Statistics
At its first press conference of 2019, held in Beijing on January 10, CNIPA published annual statistics covering patents, trademarks, geographical indications and integrated-circuit layout designs.
Highlights of the 2018 Draft Amendments to China’s Patent Law
The State Council executive meeting approved a draft Patent Law amendment bill on December 5, 2018.
Evidence of Common General Knowledge in Patent Litigation
Common general knowledge includes technical information recorded in textbooks, technical dictionaries and manuals.
Read article ↗Can a PCT Application Enter China as Both an Invention and a Utility Model?
Question: When a PCT application designating China enters the Chinese national phase, may the applicant request both invention patent and utility model protection at the same time?
World Intellectual Property Indicators 2018: China Highlights
In WIPO’s World Intellectual Property Indicators 2018, Director General Francis Gurry identified China as the principal driver of global filing growth.
Revised Patent Agency Regulations Take Effect on March 1, 2019
The amended Patent Agency Regulations, adopted at a State Council executive meeting on September 6, 2018, were released on November 19 by a State Council decree signed by Premier Li Keqiang.
Supreme People’s Court Establishes a National Intellectual Property Court
On October 26, 2018, the Standing Committee of the National People’s Congress adopted a decision establishing a national intellectual property appellate court within the Supreme People’s Court, effective January 1, 2019.
QQ Prevails in China’s First Sound Trademark Case
The Beijing High People’s Court ruled in favor of Tencent’s QQ instant-messaging service in China’s first sound trademark case.
Evidence and Amendment Rules in Chinese Patent Invalidation Proceedings
An accused infringer often challenges the asserted patent through invalidation proceedings.
Read article ↗Refunds of Chinese Invention Patent Substantive Examination Fees
Question: When may the substantive examination fee for a Chinese invention patent application be refunded?
Use outside the Registered Goods Does Not Preserve a Trademark: ARTE COLL
Guangzhou Aibeifu Cosmetics Co., Ltd.
SIPO Renamed as CNIPA
Following the restructuring approved by the 13th National People’s Congress, the State Intellectual Property Office of China (SIPO) adopted the English name China National Intellectual Property Administration (CNIPA) on August 29, 2018.
Supreme People’s Court Recognizes Blockchain-Based Authentication of Electronic Evidence
Rules announced by the Supreme People’s Court on September 7, 2018 recognize the use of blockchain technology to establish the authenticity of electronic evidence.
Chinese Patent Filings by US, Japanese and Korean Applicants, 2015–2017
The charts compare Chinese invention, utility model and design applications filed by applicants from the United States, Japan and South Korea in 2015–2017.
Preserving Evidence in Chinese Patent Disputes
Evidence preservation involves asking a legally authorized body to obtain and retain relevant evidence so that its probative value is maintained.
Read article ↗What Counts as Trademark Use on Goods?
Question: What forms of use on goods qualify as trademark use, and what does not qualify?
Chinese Patent and Trademark Filings Grew Strongly in the First Half of 2018
China received 751,000 invention patent applications in the first half of 2018, a year-on-year increase of 33.6%.
Beijing Intellectual Property Court Speeds Up Jurisdictional Appeals
Abusive jurisdictional objections can delay civil intellectual property cases.
Trademark Oppositions Rose 26.9% in 2017; 34.25% Succeeded in Whole or Part
Faster trademark examination and a 50% reduction in official filing fees contributed to growth in opposition filings in 2017.
Assessing Similarity of Goods and Services in Chinese Trademark Practice
Are all goods or services in the same Chinese similarity group necessarily similar? If an application is refused because of a prior mark for similar goods or services, can the refusal be overcome on review by arguing that they are dissimilar.
Read article ↗Trademark Office Guidance on Non-Use Cancellation and Evidence of Use
According to Article 49 of Chinese Trademark Law, if a registered trademark has not been in use for three consecutive years without justified reason, any entity or individual may file an application with the Trademark Office (CTMO) for the cancellation of the mark.
Working Guidelines on the Trial of Standard-Essential Patent Dispute Cases (Trial) Enacted by the Higher People’s Court of Guangdong Province
The Higher People’s Court of Guangdong Province enacted the Working Guidelines on the Trial of Standard-Essential Patent Dispute Cases (Trial) (hereinafter referred to as “Working Guidelines”) on April 26, 2018.
The Number of Applications for Design Patents with GUI in China Has Been Growing Rapidly
In 2014, the number of design patents with GUI in China was more than 5,000, which was 6,638 in 2015, and 9,864 in 2016, a growth rate of up to 48.6%.
Invalidation against Design Patent Right in “Cell Phones with Graphical User Interfaces”
[Case Brief] In June 2016, Guangzhou Dongjing Computer Technology Co., Ltd.
Designs of Component Products in China
A component product refers to a single product combined by a number of components, which is divided into a combined product needless of assembly, an assembled product with only one option of assembly, or an assembled product with more than one option of assembly.
Read article ↗Division of Trademark Applications in China
Question: I have two questions about divisional trademark applications in China: 1) If the designated goods or services in the original application are described using broader terms, can narrower terms be used in the divisional application? 2) A divisional application retains the original filing date. Can the application be divided an unlimited number of times?
China Enters the EPO’s Top Five Applicant Countries in 2017
The European Patent Office received approximately 166,000 patent applications in 2017, up 3.9% from the previous year.
China Drives International Patent Applications to Record Heights
China became the second-largest origin of international patent applications filed through WIPO in 2017, approaching the United States.
Chinese Patents Can Be Validated in Cambodia from March 28, 2018
A system for validating Chinese patents in Cambodia was introduced from March 28, 2018, simplifying the procedure for obtaining Cambodian patent protection based on corresponding Chinese patents.
Supplementary Experimental Data in Chinese Substantive Examination
The 2017 amendments to the Guidelines for Patent Examination, particularly those concerning supplementary experimental data in chemistry, have prompted different interpretations.
Read article ↗Can a Licence for a Pending Chinese Patent Application Be Recorded?
Question: Can a licence for a pending Chinese patent application be recorded in China, and is there a deadline?
Prior Copyright Defeats a Trademark Registration: D.H.A. Siamwalla v. TRAB
Case number: (2017) Jing Xing Zhong No.
Chinese Trademark Applications Exceeded 5 Million in 2017, Up 55.7%
The growth rate of Chinese trademark applications had increased since 2013.
Chinese Invention Patent Applications Exceeded 1.38 Million in 2017, Up 14.2%
In January 2018, SIPO published its patent statistics for 2017.
Chinese Copyright Registrations Exceeded 2.7 Million in 2017, Up 36.86%
China recorded 2,747,652 copyright registrations in 2017, up 36.86% from 2,007,698 in 2016.
Can Several Years of Patent Annuities Be Paid in Advance?
Question: Can a patentee pay several years of annuities, for example four years, at once?
Dividing a Trademark Application in China: Procedure and Practical Choices
Article 22 of the Implementing Regulations of the Trademark Law allows division where the Trademark Office refuses an application for only some designated goods.
Read article ↗Patent Evaluation Reports Are Evidence, Not Administrative Decisions
Case number: (2017) Jing Xing Zhong No.
Amended Anti-Unfair Competition Law Takes Effect on January 1, 2018
The amended Anti-Unfair Competition Law includes the following changes.
Beijing High People’s Court Revises Jurisdiction over Civil Intellectual Property Cases
On November 2, 2017, the Beijing High People’s Court issued provisions adjusting jurisdiction over civil intellectual property cases in Beijing, effective that day.
Where Did Chinese Applicants File Invention Patent Applications in 2016?
Chinese applicants filed more than 21,000 invention patent applications in the United States in 2016, more than in any other overseas destination.
Depositing Biological Material for a Chinese Patent Application
For an application involving biological material filed with SIPO, the material must be deposited with an International Depositary Authority (IDA) no later than the filing date.
Read article ↗Can a Chinese Trademark Application Be Examined Faster?
Question: Can a trademark application in China receive expedited examination, and how long does examination normally take?
POWERPOINT Trademark Refusal Reversed: Distinctiveness and Generic Names
Second-instance case number: (2016) Jing Xing Zhong No.
China Sees 565,000 Invention Patent Applications in First Half of 2017
China received 565,000 invention patent applications in the first half of 2017, a year-on-year increase of 6.1%.
Requests for Chinese Design Patent Evaluation Reports Reach 30,000
By September 4, 2017, cumulative requests for Chinese design patent evaluation reports had reached 30,000.
RMB 5.5 Million Awarded in Sewing Machine Patent Case
On June 30, 2017, the Shanghai Intellectual Property Court issued a first-instance judgment in an invention patent infringement case.
Does an Opinion in Box VIII Prevent a Chinese PCT-PPH Request?
Question: If Box VIII of the latest international work product, such as the WO/ISA, WO/IPEA or IPER, contains a written opinion, is the application ineligible for accelerated examination under China’s PCT-PPH pilot program?
Why Register Copyright in the Graphic Element of a Trademark?
Preemptive trademark registrations are common in China.
Read article ↗Panasonic Awarded RMB 3 Million for Infringement of Its Beauty Apparatus Design Patent
Panasonic obtained the design patent for a beauty apparatus on September 5, 2012, under publication number CN302065954S.
Supreme People’s Court Accepts Coexistence Agreement for Google’s NEXUS Mark
In an administrative case concerning Google’s NEXUS application, the first- and second-instance courts refused registration because of Shimano’s earlier NEXUS mark for similar goods.
Read article ↗China’s PCT Applications Grew by 44.7% in 2016
WIPO’s statistics for 2016 show that applicants based in China filed 43,168 international patent applications under the PCT, a year-on-year increase of 44.7%.
Top 20 Chinese applicants in PCT applications of 2016
Most Chinese enterprises increased their PCT filings in 2016.
Frequently Asked Questions about Divisional Patent Applications
Question: 1. Can a Divisional Application Change the Patent Type?
Read article ↗Can Non-Use Cancellation Overcome a Cited Trademark in Refusal Review?
Question: If a trademark application is refused because of earlier identical or similar marks, can the applicant overcome those citations by requesting non-use cancellation while seeking refusal review before the Trademark Review and Adjudication Board (TRAB)?
Changes to Examination of Business Method Inventions
The revised Guidelines for Patent Examination took effect on April 1, 2017.
Read article ↗Changes to Examination of Computer-Implemented Inventions
First, the “medium + computer program flow” claim format is permitted.
Read article ↗Supplementary Experimental Data under the Revised Patent Examination Guidelines
The latest revision to the Guidelines changes the treatment of supplementary experimental data.
Read article ↗Changes to Patent Invalidation Proceedings
The revisions address two main aspects of invalidation proceedings: additional ways to amend patent documents, and clearer rules for supplementing invalidation grounds and evidence.
Read article ↗When Can a PPH Request Be Filed in China?
Question: When can a Patent Prosecution Highway (PPH) request be filed with SIPO?
SIPO Releases Patent Statistics of China for 2016
In 2016, SIPO received a total of 3,465,000 applications for the three types of patents, a year-on-year increase of 23.8%.
Re-examination and Invalidation Proceedings Became Faster in 2016
In 2016, 13,107 requests for re-examination were received and 17,623 cases were concluded.
Top Ten Domestic Chinese Companies for Invention Patent Applications and Grants in 2016
Top ten domestic companies filing invention patent applications in 2016 (excluding Hong Kong, Macao and Taiwan).
New Trends of Cases Heard by Beijing Intellectual Property Court in 2016
In 2016, the Beijing Intellectual Property Court accepted 10,638 cases, up 15.74% from 9,191 in 2015.
RMB 50 Million Award Sets a Patent Infringement Record: Watchdata v. Hengbao
On December 8, 2016, the Beijing Intellectual Property Court issued its largest damages award since its establishment.
Supreme People’s Court Provisions on Trademark Grant and Confirmation Cases Take Effect on March 1, 2017
The Supreme People’s Court promulgated the Provisions on Several Issues Concerning the Trial of Administrative Cases Involving the Granting and Confirmation of Trademark Rights, effective March 1, 2017.
China’s Patent Examination Cooperation Centers
Question: I understand that substantive examination of invention patent applications is mainly carried out by Patent Examination Cooperation Centers. How many of these centers are there in China, and how many invention applications do they examine?
Cross-Class Protection of Well-Known Trademarks in China
Article 13 of the Chinese Trademark Law provides that a mark applied for on dissimilar goods shall not be registered, and its use shall be prohibited, if it reproduces, imitates or translates another party’s well-known trademark registered in China, is likely to mislead the public and may damage the interests of the well-known mark’s owner.
Read article ↗Key Points of 2016 Draft Amendment to the Guidelines for Patent Examination (Draft for Public Consultation)
At the end of Oct. 2016, the State Intellectual Property Office of the People’s Republic of China released the Draft Amendment to the Guidelines for Patent Examination (Draft for Public Cons
Beijing Intellectual Property Court awards RMB 10 million in a trademark infringement case
The Beijing Intellectual Property Court ruled in a trademark infringement dispute between Meichao Group Co., Ltd. and Beijing Xiujie New Building Materials Co., Ltd. It ordered Xiujie to sto
China fines packaging giant for monopoly
China's State Administration for Industry and Commerce has fined packaging giant Tetra Pak 668 million yuan ($97 million) for breaking anti-monopoly laws and abusing its monopolistic market
Proceedings for Administrative Remedy in Patent Infringement Disputes
For patent infringement disputes，the administrative remedy is more convenient and takes shorter time comparing with the judicial remedy. If the administrative authority believes the infringe
Read article ↗Is the substantive-examination request for a Chinese divisional application always due within two months of filing?
Question: For a divisional application filed in China, is the deadline for requesting substantive examination always two months from the date on which the divisional application is filed? What provision governs this period?
China leads the world in microbial patent families
On September 6, 2016, the World Data Centre for Microorganisms and the Microbial Resources and Big Data Centre of the Institute of Microbiology, Chinese Academy of Sciences, released the Chi
Review of litigation concerning Chinese trademark review decisions in 2015
The Trademark Review and Adjudication Board (TRAB) of the State Administration for Industry and Commerce published a review of litigation concerning its trademark decisions in 2015. It concl
Hermès loses the “好美思 HERMES and device” trademark case
On January 13, 2009, Anhui Fengtan Wine Sales Co., Ltd., known before June 8, 2010 as Anhui Haomeisi Wine Sales Co., Ltd., applied to register “好美思 HERMES and device” in China under applicat
Remedies for missed deadlines in Hong Kong standard patent registration
Hong Kong's standard patent system provides for a patent to be granted, without substantive examination in Hong Kong, on the basis of a patent granted by a designated patent office. The desi
Read article ↗Must a joint priority applicant assign priority when only one applicant files in China?
Question: A Japanese application was filed jointly by companies A and B. A Chinese application claiming priority from it will be filed under the Paris Convention, but only company A wishes to obtain rights in China. If company B is omitted from the Chinese application, must it provide an assignment or another document?
Birth of the First Sound Trademark in China
The opening sound of China Radio International has become the first sound trademark in China. This trademark was registered on May 14, 2016 in class 35, 38, 41 and 42 under No. 14503615, by
Reform to make trademark registration more convenient
On July 25, 2016, the State Administration for Industry and Commerce issued opinions on making trademark registration more convenient, setting out five areas of reform.
Patent enforcement and infringement: findings of the 2015 China Patent Survey
In July 2016, SIPO published the 2015 China Patent Survey Report, the first publicly released nationwide patent survey report. The following tables describe enforcement measures and losses f
On the Protection of the Patent Rights in Chinese Exhibitions
An exhibition is an important platform for innovative enterprises to introduce their products to markets and demonstrate their technical strength. Of course, an exhibition may be used by any
Read article ↗How can citation counts for Chinese patents be found?
Question: Can the number of times a Chinese patent has been cited be obtained through a database search?
China Copyright registration for software soars in 2015
The China Copyright Protection Center released "The Twelfth Five-year" China Software Copyright Registration Analysis Report. According to the report, a total number of 924,000 software copy
China Trademark applications filed by foreigners up by 25% in 2015
From the classes of goods/services in which the trademarks applications are filed, compared with 2014, class 35 has the highest number of filings in 2015, an increase of 38.9%, over class 25. Class 42
Huawei is spending more on R&D than Apple in 2015
In 2015, Huawei spent 59.6 billion yuan ($9.2 billion) in research and development, accounting for 15% of revenue, more than $8.5 billion of Apple (3.5% of revenue). In the past ten years, a
White Paper on Intellectual Property Protection by Chinese Courts in 2015
The Supreme People’s Court released its white paper on intellectual property protection by Chinese courts in 2015. The principal findings and accompanying statistics are set out below.
I am Taiwanese. Can I file an application before SIPO claiming priority of a Taiwan application?
Question: I am Taiwanese. Can I file an application before SIPO claiming priority of a Taiwan application?
I have no trademark registration in China, if someone applied a mark in China that is identical or similar to the figure logo I have used, what can I do to protect my right?
Question: I have no trademark registration in China, if someone applied a mark in China that is identical or similar to the figure logo I have used, what can I do to protect my right?
Read article ↗China's Filings of European Patent Applications in 2015 increases 22.2%
The 2015 annual report of the European Patent Office (EPO) showed that the EPO totally received 279,000 patent applications in 2015, a slight increase over 274,000 in 2014. In addition to Ch
E-Commerce Patent Law Enforcement Collaborative Center is established in Zhejiang
The State Intellectual Property Office(SIPO) established a collaborative center of patent law enforcement in ecommerce in Zhejiang province. Through establishing collaborations between provi
Dispute on Design Patent Infringement between Jiang Lan and Guangzhou Galilio Electronic Technology Co., Ltd.
Jiang Lan is the patentee of the design patent – “handset protection cover packaging box 001” (No.: ZL201430189441.1). Jiang Lan deemed that Guangzhou Galileo Electronic Technology Co., Ltd. manufactu
I heard that the PPH pilot program between China and some countries extends indefinitely. If it is true, could you tell me which countries are those?
Question: I heard that the PPH pilot program between China and some countries extends indefinitely. If it is true, could you tell me which countries are those?
Can a trademark containing or resembling a foreign country name be registered in China?
Article 10 of the Chinese Trademark Law prohibits the use as trademarks of signs identical or similar to the name of a foreign country, unless that country's government agrees. Country names
Read article ↗China's Invention Patent Grants Grew 54.1% in 2015
In 2015, State Intellectual Property Office (SIPO) of China received 1,102,000 invention patent applications, up 18.7%, being the top patent application list of the world for 5 years. About
TOP 10 applicants for Chinese inventions & PCT applications in 2015
Top 10 Foreign Enterprises in Terms of Invention Applications Received by SIPO in 2015 Top 10 Foreign Enterprises in Terms of Invention Patent Grants by SIPO in 2015
Dispute over trademark infringement: Burberry Limited vs. Chen Kai and Lu Qiumin
Burberry Limited is the holder of the series of registered trademarks “BURBERRY” in class 25 for “clothing”. On March 20, 2012, a public security organ detected the criminal of selling counterfeiting
Aspects of Evaluation Report for Patent
Question: 1. What is the Evaluation Report prescribed in the Chinese Patent Law?
Read article ↗If a Chinese application (parent application) has been rejected for more than one year, and its divisional application has been filed, when can the applicant file another divisional application from the first filed divisional application?
Question: If a Chinese application (parent application) has been rejected for more than one year, and its divisional application has been filed, when can the applicant file another divisional application from the first filed divisional application?
Chinese Invention Patent Grants to Foreign Applicants Rose 31.1% in the First Three Quarters of 2015
China’s patent application and grant statistics for the first three quarters of 2015 showed three main features.
Chanel’s Trademark Infringement Case Against Wen Daxiang and a Guangzhou Hotel
Chanel, incorporated in France on August 27, 1954, owns figurative trademarks and the CHANEL word mark for goods in Class 25, including clothing, shoes, hats, scarves and swimwear.
Paying Several Years of Chinese Patent Annuities
Question: Must Chinese patent annuities be paid one year at a time, or can several years—for example, five—be paid together?
Must a Chinese Trademark Be Cancelled After Three Years of Non-Use?
Under Article 49 of China’s Trademark Law, any entity or individual may apply to the Trademark Office to cancel a registered trademark that has not been used for three consecutive years without a justified reason.
Read article ↗How Many Practising Patent Agents Were There in China in 2014?
By the end of 2014, China had 10,459 practising patent agents.
SIPO Publishes Statistics on Patent Prosecution Highway Applications
The State Intellectual Property Office of China (SIPO) published statistics on the Patent Prosecution Highway (PPH) covering November 1, 2011, when it began accepting foreign PPH requests, through December 31, 2014.
IP Rights Quick Protection Centres Receive 6,500 Design Applications
Since China launched its intellectual property quick protection programme at the end of 2012, six centres had been established in Zhongshan, Dongguan and Shunde in Guangdong; Chaoyang District in Beijing; Nantong in Jiangsu; and Hangzhou in Zhejiang.
Trademark Application Fee Reduced from RMB 800 to RMB 600 in October 2015
From October 15, 2015, the Chinese Trademark Office reduced the trademark registration application fee from RMB 800 to RMB 600 for one class covering up to ten designated items of goods or services.
Service Inventions in China: Rewards and Remuneration
Under Article 6 of the Patent Law of the People’s Republic of China, an invention-creation made in the course of performing an entity’s tasks, or mainly by using that entity’s material and technical resources, is a service invention-creation. “Invention-creation” includes inventions, utility models and designs.
Read article ↗Changing a Product Claim to a Manufacturing-Process Claim
Question: During substantive examination in China, an examiner finds that claim 1, directed to a product, lacks an inventive step. May the applicant amend it to claim a process for manufacturing that product in order to overcome the objection?
The number of invention patent applications received by China increased 20.9% in the first half of 2015
In the first half of this year, the filing and grant of patent applications in China have three features:
Statistics of Patent Reexamination and Invalidation Cases in China
A statistical comparison of patent reexamination and invalidation cases in China from 2011 to 2014.
Requirements of Filing a Patent Administrative Lawsuit in China
Patent administrative lawsuits in China can be classified into three categories according to the administrative organs that undertake specific administrative acts: administrative lawsuit tha
Read article ↗There is one question on design patent application in China, what do the essential features in the brief description of the design application refer to?
Question: There is one question on design patent application in China, what do the essential features in the brief description of the design application refer to?
Notes of Entrusting Trademark Agencies in China
According to the Chinese trademark law and regulations, when a foreign citizen or foreign enterprise has trademark matters to attend to in China, if it or he has a habitual residence or busi
Read article ↗China Supreme Court released 2014 White Paper on China IP Protection
On April 20, 2015, the Supreme People’s Court of the PRC released the White Paper named “The Status of the Judicial Protection of Intellectual Property Rights in the Chinese Courts (2014)”.
Statistics of Chinese Trademark Applications Filed by Foreign countries in 2014
Statistics on trademark applications filed in China by foreign applicants in 2014, including the distribution by country.
DEQI ranks second by invention patent grant rate among agencies with over 10,000 grants
A research organisation analysed invention patent applications handled by Chinese agencies and published a ranking of the top 100 agencies by grant rate. Agencies were divided into four grou
Notes on filing PPH request to the SIPO
PPH can be either conventional PPH or PCT-PPH. In the former, the request may be made based on the national work products from an examination department of a prior office.
Read article ↗During the procedure of trademark registration application, when can a divisional application be filed?
Question: During the procedure of trademark registration application, when can a divisional application be filed?
Top 10 PCT patent applicants in 2014
The ten leading corporate PCT applicants in 2014, based on published international applications.
Statistics on invention applications filed before SIPO from U.S., Japanese and Korean applicants
Statistics comparing invention patent applications filed in China by applicants from the United States, Japan and South Korea.
Supreme People’s Court clarifies compensation and protection scope in patent disputes
The Supreme People’s Court amended its Several Provisions on Issues Concerning the Application of Law in the Trial of Patent Disputes, effective February 1, 2015. The following original-lang
Notes for the entry of PCT applications in China at different time points
According to "Patent Cooperation Treaty Yearly Review" released by WIPO in 2014, the SIPO received 69,693 cases of Chinese national phase entries for PCT applications in 2012, ranked No. 3 a
Read article ↗Can a Chinese patent application be published five or six months after filing?
Question: In a pending US application, published Chinese application CN101XXXX00A has been cited against us. It appears to have been filed in July 2010, but bears a publication date of December 29, 2010. We understand that applications are normally published after 18 months. Is the publication date wrong, or can an application be published so quickly?
China received the largest number of patent applications worldwide in 2014
A comparison of Chinese invention, utility-model and design filings, illustrating the scale of patent applications received in 2014.
China led the world in patent and trademark filings in 2013
China received 825,136 invention patent applications in 2013, approximately one-third of the worldwide total. It also received around 892,000 utility model applications, accounting for about
Courts and procuratorates established in China at the end of 2014
The Beijing Intellectual Property Court was established in November 2014, followed by the Guangzhou and Shanghai Intellectual Property Courts in December 2014. These specialised courts hear
Who filed the most PCT patent applications in 2013?
The leading PCT applicants in 2013, with rankings and figures showing the participation of major Chinese and international enterprises.
Assessing infringement under the doctrine of equivalents: a nickel-foam patent case
On June 27, 2013, the Jiangsu High People’s Court issued its final judgment in a patent infringement dispute concerning nickel foam. During the first-instance, appellate and retrial proceedi
Read article ↗If I failed to respond to an office action issued by SIPO within the specified time limit, is there any chance to file a response after the expiration of the time limit?
Question: If I failed to respond to an office action issued by SIPO within the specified time limit, is there any chance to file a response after the expiration of the time limit?
Enterprises must disclose IP pledge registration information
The Provisional Regulations on Disclosure of Enterprise Information were promulgated on August 7, 2014 and took effect on October 1. They implement the replacement of annual enterprise inspections wit
Jurisdiction of the IP courts in Beijing, Shanghai and Guangzhou
The Beijing Intellectual Property Court was established on November 6, 2014. The Shanghai and Guangzhou IP courts were scheduled to be established by the end of 2014. On October 31, the Supreme People
First-instance IP cases in Chinese courts
The three figures show first-instance IP cases accepted and concluded by Chinese courts from 2008 to 2013, and concluded cases involving foreign parties from 2010 to 2013.
An introduction to the patent systems of Argentina, Brazil and Mexico
Latin America is attracting increasing attention from investors. Among its 34 countries and territories, Argentina, Brazil and Mexico are of particular interest to foreign companies. As businesses foc
Read article ↗Calculating the deadline for responding to a Chinese office action
Question: What are the deadlines for responding to Chinese office actions? For example, if the first office action was issued on August 4, 2014, when would the response be due?
Number of PCT applications received by SIPO in 1st half of 2014 grows 20.5% year-on-year
In the 1st half of 2014, China received 11,243 PCT international patent applications, up 20.5% year-on-year, about 91.5% of which came from domestic companies and individuals with 10,283 filings, up 2
Chinese patent filings abroad on big rise
The following statistics show that, in recent years especially in 2012, Chinese patent filings abroad had a sharp growth. As shown in Figure 1, the number of overseas patent filings reached 8,238 in 2
Read article ↗Filing GUI design applications in China: questions and answers
Question: What is the most common problem in the applications already filed?
Third-party observations during patent reexamination
Question: Can I submit third-party observations on a Chinese patent application that is undergoing reexamination?
Statistics of foreign trademark applications in China
The above table shows the top countries or regions with the largest number of trademark applications(including Madrid Applications) in China for year 2011-2013, from which it can be seen, all the list
Amended Trademark Review and Adjudication Rules effective from June 1, 2014
The third amendment to the Trademark Review and Adjudication Rules took effect on June 1, 2014. The principal changes are as follows.
Statistics for patent filings and granted by the IP5 Offices
A. Patent filings The IP5 Offices here report a large growth in patent filings in 2013, with altogether 2.2 million patent applications filed. This is an increase of 10.6% compared to 2012. The growth
Interviews during patent examination in China
The Chinese Patent Law contains no specific provision on interviews with examiners. The Guidelines for Patent Examination provide that an examiner may invite an applicant to an interview where this wo
Read article ↗The nine-month trademark examination period and excluded time
Question: Under the third amendment to the Chinese Trademark Law, the Trademark Office must complete examination of a trademark registration application within nine months. Can this period be extended? Which periods are excluded from its calculation?
Changes in the implementing regulations for the 2013 Trademark Law (I)
The amended Trademark Law and its implementing regulations took effect on May 1, 2014. This article outlines principal changes affecting applicants.
Read article ↗China ranked third worldwide in PCT filings in 2013
The latest data of the World Intellectual Property Organization (WIPO) show that the number of PCT applications of China in 2013 rose to the third in the world. In 2013, a total number of 21,516 inter
Top 15 corporate PCT applicants in 2013
The following ranking shows the fifteen leading corporate PCT applicants in 2013 and their application counts.
GUI designs became eligible for protection in China on May 1, 2014
In March 2014, SIPO issued a decision amending the Guidelines for Patent Examination. Under the decision, graphical user interfaces (GUIs) became eligible for design patent protection as part of a pro
Technical features defined by function
A product invention is usually defined by structural or parameter features, while a process invention is usually defined by process steps. If those forms cannot accurately define a technical feature o
Read article ↗Contents and formalities of a trademark letter of consent
Question: What contents and formalities are required for a letter of consent submitted to China’s Trademark Review and Adjudication Board (TRAB)?
Protection of trade names under China's Trademark Law
A trade name right, also called an enterprise name right, is a form of industrial property that entitles an enterprise to exclusive use of its registered trade name within a particular territory. Chin
Read article ↗SIPO received 2,377,000 patent applications in 2013
(The number of the patent applications in China)
Patent examination cycle in China
The 2013 examination and review periods in China were as follows, in months.
Trademark registration applications in China reached 1,882,000 in 2013
(The number of the trademark registration applications in China) In 2013, the trademark registration applications in China were up to 1,882,000, growing by 14.15% year on year. By the end of 2013, Chi
China recorded more than one million copyright registrations in 2013
China recorded 1,009,657 copyright registrations in 2013. These included approximately 845,000 registrations of works, up 22.89% year-on-year, and approximately 164,000 software copyright registration
Third-party observations on Chinese patent applications
If another company's patent application threatens our products, one way to challenge its grant is to submit third-party observations (TPO). This procedure supports patent examination by allowing a thi
Read article ↗Access to office actions and responses through CPQUERY
Question: We understand that the China Patent Inquiry System (http://cpquery.sipo.gov.cn) provides the full text of office actions. Can we also read applicants’ arguments in their responses through the system?
Chinese residents lead worldwide patent filings for the first time
The World Intellectual Property Organization (WIPO) released World Intellectual Property Indicators 2013 on December 9, 2013. The report shows that Chinese residents filed approximately 561,000 patent
SIPO releases Patent Prosecution Highway statistics
By September 30, 2013, China's State Intellectual Property Office (SIPO) had received 4,703 requests under the Patent Prosecution Highway (PPH), including 3,632 regular PPH requests and 1,071 PCT-PPH
Huawei prevails in its Chinese antitrust case against InterDigital
In October 2013, the Guangdong High People's Court issued its final judgment in Huawei's antitrust case against InterDigital (IDC), a US wireless communications technology and patent company. The cour
Design protection in China, the European Union and the United States
This comparison describes the systems in early 2014. China receives the world's largest volume of design applications and protects industrial designs within its Patent Law, in line with its industrial
Read article ↗A comparison of design protection in China and Japan
This comparison describes the systems in early 2014. China, the country with the largest volume of design applications, protects designs within the framework of its Patent Law, alongside inventions an
Read article ↗A comparison of design protection in China and South Korea
This comparison describes the systems in early 2014. China protects designs, inventions and utility models under one statute, the Patent Law. This article introduces China's design system and compares
Read article ↗China’s patent agencies and patent attorneys at the end of 2013
Question: How many patent attorneys and patent agencies are there in China, and what proportion of Chinese applications are handled by agencies?
WIPO adds three million Chinese patent documents to PATENTSCOPE
WIPO has added approximately three million Chinese patent documents to its searchable online database, PATENTSCOPE, bringing the number of searchable records to more than 32 million.
China was the largest destination for Korean overseas trademark filings
According to the Korean Intellectual Property Office’s release of September 12, 2013, Korean applicants filed 49,617 patent applications abroad in 2011. The United States was the largest destination, with 27,289 applications, approximately 55% of the total. China accounted for 16.4%, Japan for 10.1%, and the European Patent Office for 9.9%. These figures concern Korean applicants filing abroad, rather than foreign applicants filing in Korea.
IP5 offices agree to launch a joint Patent Prosecution Highway pilot
At their meeting in Geneva on September 23, 2013, the five IP5 offices—the European Patent Office, Japan Patent Office, Korean Intellectual Property Office, China’s State Intellectual Property Office, and United States Patent and Trademark Office—agreed to launch a comprehensive Patent Prosecution Highway pilot in January 2014.
Calculating patent annuities in China: comparison with Japan
When calculating annuities for a client’s quotation, take care to use the correct starting point for each patent year. In China, years are counted from the filing date. In Japan, the first fee year begins with registration. The following example illustrates the difference; the appendix sets out the Chinese and Japanese fee schedules used in this article.
Read article ↗Alternative protection routes for product designs in China
Designs are protected under China’s Patent Law. Article 2 defines a design as a new design of the shape, pattern, or their combination, or the combination of colour with shape and pattern, of a product that creates an aesthetic effect and is suitable for industrial application. A design granted a Chinese patent is protected by the Patent Law.
Read article ↗The doctrine of equivalents in Chinese patent infringement analysis
Patent protection is determined by the claims. Literal infringement occurs when the alleged product or process contains each and every claimed technical feature identically. If one or more features are not literally identical but are equivalent to the corresponding claimed features, infringement may also arise under the doctrine of equivalents.
Read article ↗When are Chinese patent applications published?
Question: When is a Chinese patent application first published? Does claiming priority affect the publication date? When is a PCT application published after entry into the Chinese national phase?
Comparing third-party observation procedures in China and Japan
Question: What are the main differences between the third-party observation systems in China and Japan?
China’s 2013 Trademark Law amendment: changes to opposition proceedings
China adopted the third amendment to its Trademark Law on 30 August 2013, with effect from 1 May 2014.
Read article ↗Beijing Third Intermediate People’s Court established in August 2013
In 2011, Beijing’s First and Second Intermediate People’s Courts concluded 60,000 cases, an increase of 485% over 1995, when the former Beijing Intermediate People’s Court was divided into two courts. To address the rapidly growing caseload, the Beijing Third Intermediate People’s Court was established on August 6, 2013, and opened on August 21, 2013.
Supreme People’s Court begins publishing judgments online in 2013
The Interim Measures for Publishing Supreme People’s Court Judgment Documents Online were approved and took effect in July 2013. The first batch of judgment documents has since been published.
Rules on the list of dishonest judgment debtors take effect on October 1, 2013
The Supreme People’s Court promulgated Several Provisions on Publishing the List of Dishonest Persons Subject to Enforcement, effective October 1, 2013.
Confidentiality examination before filing a patent application outside China
The third revision of China’s Patent Law, which took effect on October 1, 2009, introduced confidentiality examination for an invention or utility model developed in China before a patent application is filed abroad. Such an application may be filed abroad only after compliance with the confidentiality-examination requirements. Breaching the requirement can prevent a corresponding Chinese application from being granted; a granted patent may also be invalidated on that ground. An invention or utility model developed in China is one whose substantive technical content was developed within China.
Read article ↗Determining whether an invention or utility model was developed in China
Rule 8 of the Implementing Regulations explains the confidentiality-examination requirement in Article 20 of China’s Patent Law. An invention or utility model developed in China is one whose substantive technical content was developed within China. For this purpose, the original article refers to the territory within mainland China’s customs boundary, excluding Hong Kong, Macao and Taiwan.
Read article ↗When may a divisional patent application be filed in China?
Question: When may a divisional patent application be filed in China?
Medical devices recorded the largest increase in patent filings in 2012
Thomson Reuters’ Intellectual Property & Science business released its 2012 State of Innovation report, analysing global patent activity in 2012. Innovation in medical-device technology continued to grow rapidly. Patent filings in this field increased by 15.7% compared with 2011, the largest increase among the technology fields covered.
Huawei reports more than 150,000 employees, with 45.36% working in R&D
Huawei released its 2012 sustainability report on May 28, 2013. By the end of 2012, it had more than 150,000 employees from 156 countries and regions, with research and development personnel accounting for 45.36%.
China received 698 merger-control notifications by March 2013
The Ministry of Commerce published information on completed antimonopoly reviews of concentrations of business operators. From the implementation of the Anti-Monopoly Law in 2008 to March 31, 2013, the Ministry received 698 notifications, formally accepted 627 cases and concluded 579. Of the concluded cases, 562 were approved unconditionally, accounting for 97.1%; 16 were approved subject to conditions; and one was prohibited.
Deleting a technical feature: assessing added matter through a case study
After filing an invention application, an applicant has several opportunities to amend the application on their own initiative, e.g., when a request for substantive examination is made or within three months after the application enters substantive examination, or when a PCT application enters the national phase or when a divisional application is filed. Generally, compared with amendments made in response to an office action, the amendments on one’s own initiative have fewer restrictions. For example, the applicant may amend or remove a technical feature within the content of the application as filed to expand the scope of the protection, or add a new dependent claim, etc., as long as the amendments to the application document of the invention or utility model do not go beyond the scope of disclosure contained in the initial description and claims.
Read article ↗Free access to Chinese intellectual property judgments
Question: Which free website can be used to search Chinese court judgments?
Top ten domestic and foreign companies for Chinese invention patent grants in 2012
The rankings below show the ten foreign companies and ten domestic companies with the most Chinese invention patent grants in 2012. The domestic ranking excludes Taiwan, Hong Kong and Macao. Figures are numbers of granted patents.
Civil intellectual property cases increased substantially in China in 2012
In 2012, Chinese courts accepted 87,419 first-instance civil intellectual property cases, up 45.99% from the previous year, and concluded 83,850, up 44.07%. This was the largest annual increase since China joined the WTO.
China’s State Council revises three copyright regulations
China’s State Council revised three sets of copyright regulations: the Implementing Regulations of the Copyright Law, the Regulations on the Protection of the Right of Communication through Information Networks, and the Regulations on Computer Software Protection. The amendments took effect on March 1, 2013.
National intellectual property talent information platform launched
A national intellectual property talent information platform was launched at http://www.sipo.gov.cn/ztzl/ywzt/gjzscqrcxxwlpt/. The public could use it to search for information about IP experts and other professionals and obtain the latest news about national IP talent development.
Pledges over patent rights in China
Chinese law generally adopts a “contract plus publicity” model, through delivery or registration, for creating security rights. A contract to pledge patent rights is therefore an important requirement for creating a patent pledge.
Read article ↗Patent agencies, patent attorneys and agency representation in 2012–2013
Question: How many patent attorneys and patent agencies are there in China? How many patent applications were filed through patent agencies in 2012?
Letters of consent in Chinese trademark registration
A letter of consent is a written document signed by the owner of an earlier trademark consenting to the registration and use of an identical or similar mark, later filed by another party for the same or similar goods or services. Many intellectual property offices, including those of the United States and the United Kingdom, accept such letters.
Read article ↗China receives more than 650,000 invention patent applications in 2012
According to SIPO statistics released on January 8, 2013, SIPO received 653,000 invention patent applications in 2012, up 24.0% from the previous year. It granted 217,000 invention patents, an increase of 26.1%.
SIPO receives 14% more PCT applications in 2012
SIPO received 19,926 PCT applications in 2012, an increase of 14.0% over the previous year. Domestic applicants filed 18,145, representing 91.1% of the total and an increase of 12.8%. Foreign applicants filed 1,781, up 28.7%.
A City College speaker’s five principles for doing business in China
Savio Chan, president and CEO of US China Partners Inc., presented five principles for doing business in China using the letters of CHINA as a mnemonic. The points below report his advice.
Post-grant procedures for standard patents in Hong Kong
Hong Kong’s patent system in 2013 provides standard patents and short-term patents. The Patents Registry of the Intellectual Property Department handles registration. Although the Patents Ordinance sets requirements such as novelty and inventive step, the Department examines formalities rather than conducting substantive examination of those requirements before grant.
Read article ↗Choosing between an invention patent and a utility model at PCT national entry
Question: Our client intends to enter the Chinese national phase of a PCT application but has not decided whether to seek an invention patent or a utility model. Can an invention patent application be converted to a utility model application, or vice versa? If so, when?
Examining identical and similar composite trademarks in China
Article 8 of the Trademark Law described in this article permits registration of visual signs capable of distinguishing one person’s goods or services from those of others, including words, designs, letters, numbers, three-dimensional signs, colour combinations and combinations of these elements. A composite mark combines different elements, such as wording and a design.
Read article ↗Rapid growth in first-instance civil intellectual property cases in China
In 2011, local courts concluded 58,201 first-instance civil intellectual property cases, more than twice the 2008 figure. The number more than doubled in three years, showing rapid growth in the courts’ IP caseload.
Obtaining Chinese patent prosecution files online
The European, US and Japanese patent offices provide online access to prosecution files. SIPO launched the Chinese version of the China Patent Inquiry System (CPQUERY) on April 27, 2012, providing access to some file documents, such as office actions. The English interface followed on November 29, 2012. This article introduces the basic search method using that interface.
Read article ↗Extension of the USPTO–SIPO PPH pilot
Question: Has the Patent Prosecution Highway pilot between the USPTO and SIPO been extended?
Responding to trademark pre-emption
Article 31 of the Trademark Law applicable at the beginning of 2013 prohibits an application from infringing another person’s existing prior rights or using unfair means to register a mark that another person already uses and that has acquired a certain influence. This article addresses the latter form of pre-emptive registration.
Read article ↗Proposals for the third amendment to China’s Trademark Law
The proposed third amendment to the Trademark Law is expected to increase penalties for infringement and strengthen trademark protection in four respects.
Japan plans to classify Chinese patent documents using its FI system
According to a July 26 report in Nikkan Kogyo Shimbun, Japan’s Ministry of Economy, Trade and Industry (METI) allocated ¥2 billion in its fiscal 2013 budget for classifying Chinese patent documents under Japan’s File Index (FI) system.
Pilot expands for unified handling of civil, administrative and criminal IP cases
In the first half of 2012, the Supreme People’s Court further promoted a pilot under which intellectual property divisions centrally hear civil, administrative and criminal IP cases. It developed coordination mechanisms between the three types of proceedings and improved the IP adjudication system and working arrangements.
Japan–China PPH pilot extended to October 31, 2013
The Japan Patent Office and China’s State Intellectual Property Office (SIPO) began a one-year Patent Prosecution Highway (PPH) pilot on November 1, 2011. The pilot is now being extended by a further year, to October 31, 2013.
The proposed fourth amendment to China’s Patent Law: changes and comments
China has both administrative and judicial routes for addressing patent and trademark infringement. The proposed changes discussed here place particular emphasis on the powers of administrative authorities.
Read article ↗Must a design created in China be filed in China first?
Question: A German client has a Chinese subsidiary, where a Chinese employee created a design. The client normally first files a Community design application and then files a Chinese design application claiming priority from it. Does Chinese law require a Chinese designer to file the first design application in China?
Does an inventor’s Chinese nationality require a foreign filing licence?
Question: We have prepared a US patent application and wonder whether a foreign filing licence from SIPO is required because one inventor is a Chinese citizen. If this inventor neither conceived nor worked on their part of the invention in China, is such a licence necessary?
How is the check digit of a Chinese application number calculated?
Question: What do the digits after the decimal point in numbers such as 200610045875.9 and 89200001.5 mean, and how are they calculated?
Read article ↗Why do Chinese patent application numbers have different lengths?
Question: Chinese application numbers contain different numbers of digits, for example 200610045875.9 and 89200001.5. What rules govern their format?
Read article ↗Points to consider when filing a design application in China
In China, SIPO grants design patents after preliminary examination, without substantive examination. This may leave the resulting rights vulnerable and has been accompanied by increasing invalidation proceedings and litigation. Drawing on the Patent Law, the examination guidelines and our practice, this article discusses points to consider when filing, with a view to effective enforcement.
Read article ↗Chinese patent documents added to PCT minimum documentation
On July 1, 2012, Chinese patent documents were formally added to the minimum documentation under the Patent Cooperation Treaty (PCT). They thereby became part of the documentation that International Searching Authorities must search when examining international patent applications. China became the eleventh country or institution whose patent documents were included in the PCT minimum documentation.
Measures for prioritised examination of invention patent applications take effect on August 1, 2012
The State Intellectual Property Office (SIPO) has issued the Measures for the Administration of Prioritised Examination of Invention Patent Applications. The Measures provide an expedited examination route for important applications with significant economic and social implications, including those concerning strategic emerging industries and green technologies. They are intended to promote the practical application of scientific and technological achievements and the development of these industries and technologies.
Chinese patent applications and grants in the first half of 2012
In the first half of 2012, China received 857,000 applications for the three types of patents—invention patents, utility models and designs—an increase of 26.8% over the same period of the previous year. The number granted rose 19.1% to 530,000. Both applications and grants continued to grow.
Responding to office actions alleging lack of support
Examiners previously relied mainly on novelty and inventive step to prevent claims from having an excessively broad scope. Following the third amendment to the Chinese Patent Law, and particularly in 2011, objections that claims were not supported by the description became more frequent. More office actions challenged claims on the ground that their scope was too broad.
Read article ↗Could PPH application files be accessed through the China Patent Inquiry System?
Question: We understand that the file wrapper of a Chinese patent application can be searched through the China Patent Inquiry System (http://publicquery.sipo.gov.cn/). Could a case proceeding under the Patent Prosecution Highway (PPH) before SIPO also be searched through this system?
Recognition of well-known trademarks in China
Under the Rules on the Recognition and Protection of Well-Known Trademarks, a well-known trademark is a mark widely known to the relevant public and enjoying a high reputation in China. The relevant public includes consumers of the goods or services bearing the mark, other operators producing those goods or providing those services, and sellers and other participants in the distribution channels.
Read article ↗New trends in Chinese intellectual property disputes
1. Substantial growth in new cases
China Patent Inquiry Service System formally opens
On April 27, 2012, a patent inquiry system for applicants, patent proprietors, patent agencies and the public formally opened.
China’s first patent insurance claim is paid
The Guangdong branch of Cinda Property and Casualty Insurance Co., Ltd., the first insurer to introduce patent insurance in China, recently paid RMB 20,400 to Foshan New Concept Magnetoelectricity Equipment Co., Ltd. This was China’s first completed patent insurance compensation case.
Responding to inventive-step objections based on common general knowledge
Part II, Chapter 4 of the Guidelines for Patent Examination provides that inventive step may be assessed by combining different technical teachings disclosed in one or more prior-art documents. Under this principle, examiners often combine at least one reference with common general knowledge to assess the claimed invention.
Read article ↗Marking a product while a Chinese patent application is pending
Question: Before a patent is granted, is it sufficient to mark a product, its packaging, its manual or other materials with the type of Chinese patent application and the application number in Chinese?
Chinese Customs seized over 100 million infringing items in 2011
At a recent symposium between Customs and Chinese intellectual property owners, it was reported that Customs seized approximately 100 million infringing import and export items in 2011. About 20 million infringed intellectual property owned by Chinese rights holders.
Improving the quality of utility model examination in China
Utility models are popular because they can be granted quickly and at relatively low cost. Their application numbers have continued to grow, reaching 585,000 in China in 2011.
ZTE ranks fourth worldwide for smartphone patents
An analysis of nearly 40,000 global patent samples by SIPO’s Patent Examination Cooperation Center placed Samsung, LG, NEC, ZTE and Nokia as the top five smartphone patent applicants. ZTE ranked fourth worldwide and first among Chinese companies, with about 1,000 smartphone patents and substantial holdings in human–computer interaction and touch technologies.
Japanese-language CNIPR service launches
CNIPR was developed by Intellectual Property Publishing House, an organisation affiliated with SIPO. Its Japanese-language service launched in March 2012 at http://japanese.cnipr.com/.
Read article ↗Foreign companies ranked by Chinese patent applications and grants in 2011
Applications
IPDL begins Japanese-language searches of Chinese utility models
On Monday, March 19, 2012, IPDL’s gazette text search began supporting Japanese-language searches of Chinese utility models.
Could the term of a pharmaceutical patent be extended in China?
Question: Could you provide information on whether the term of a pharmaceutical patent can be extended in China?
Submitting third-party observations on a Chinese patent application
Question: Can a third party submit observations on a Chinese patent application? What provisions govern third-party observations in China?
Choosing goods and services for a Chinese trademark application
China is a party to the Nice Agreement and applies the Nice Classification. The Chinese Trademark Office also uses its own Classification of Similar Goods and Services, based on the Nice Classification. Examiners apply strict standards to descriptions, so applicants should use the two classifications to help avoid office actions. The following practical points may assist.
Read article ↗Actions for a declaration of trademark non-infringement
Actions seeking a declaration of non-infringement have attracted increasing attention in intellectual property litigation and have significant practical implications. This article briefly examines such actions concerning trademarks.
Read article ↗SIPO launches its patent examination complaints platform
SIPO’s patent examination quality complaints platform had operated well since its launch on July 22, 2011. To collect public complaints and suggestions about patent examination more comprehensively and continuously improve examination quality, SIPO upgraded the service to the Patent Examination Complaints Platform, which formally began operating on January 20, 2012.
Intellectual property services become a priority for encouraged foreign investment
China has promulgated the revised Catalogue for the Guidance of Foreign Investment Industries (2011 Revision). To promote the optimisation and upgrading of the industrial structure, the Catalogue encourages foreign investment in strategic emerging industries, high-technology industries and intellectual property services.
China shortens trademark examination to ten months
Since 2011, the Chinese Trademark Office has improved examination efficiency, shortening trademark examination to ten months and reducing the time for handling oppositions and disputes to under 18 months. These periods have reached international levels.
Assessing design patent infringement
Assessing design patent infringement generally involves two questions: whether the accused product’s design is identical or similar to the patented design, and whether the accused product and the product covered by the patent are of identical or similar types. These are central and difficult issues in judicial practice. This article examines several related points.
Read article ↗Could a graphical user interface obtain design protection in China?
Question: Our client is interested in obtaining registered design protection in China for the aesthetic aspects of a graphical user interface or website design. Could such an interface be protected by a registered design?
Countries participating in China’s PPH pilots in early 2012
Question: Which countries have launched Patent Prosecution Highway (PPH) pilot programmes with China?
Read article ↗Official fee for a PPH request before SIPO
Question: Is an official fee payable when submitting a PPH request to SIPO?
Read article ↗Amending Chinese claims to correspond to Japanese claims for PPH
Question: A Chinese application based on a Japanese application corresponds to the text originally filed with the JPO. However, amendments during Japanese prosecution mean that its claims no longer correspond to those allowed in Japan. China offers limited opportunities for voluntary amendment. If three months have passed since receipt of the Notice of Entry into Substantive Examination, how can the applicant make the Chinese claims sufficiently correspond to the Japanese claims for a PPH request?
Read article ↗Clerical errors in a PPH claim correspondence table
Question: The claims allowed by the JPO contain clerical errors but otherwise correspond to the Chinese claims. May the applicant state “completely identical” in the claim correspondence table submitted to SIPO?
Read article ↗Does a PPH request replace substantive examination in China?
Question: We have heard that a PPH request can make obtaining a patent easier in Korea because no additional examination is carried out. What is the position in China?
Read article ↗When to request PPH participation before SIPO
Question: When may an applicant submit a PPH request to SIPO?
Read article ↗Electronic filing requirement for PPH requests from March 2012
Question: If a PPH request is submitted on or after March 1, 2012, must the corresponding Chinese application be an electronic application?
Read article ↗PCT-PPH requests when Box VIII contains observations
Question: May a PCT-PPH request be submitted to SIPO if Box VIII of the WO/ISA, WO/IPEA or IPER forming the basis of the request contains any observations?
Read article ↗Translation of US documents for a China–US PPH request
Question: For a China–US PPH request to SIPO, the applicant must submit copies of all USPTO office actions for the corresponding application and all claims found patentable or allowable by the USPTO. Must translations also be submitted?
Read article ↗Translation of Japanese documents for a China–Japan PPH request
Question: For a China–Japan PPH request to SIPO, the applicant must submit copies of all JPO office actions for the corresponding application and all claims found patentable or allowable by the JPO. Must translations also be submitted?
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