Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023
5 Key Takeaways | How to Effectively Leverage the Chinese Patent System
Third Party Observation in Patent Prosecution in China
The Grace Period for Novelty in Chinese Patent Law
Ways to Amend the Claims in the Patent Invalidation Proceedings
Estoppel Doctrine in China's Patent System
Patent Dual-application Strategy in China
Patent Right Evaluation Report in China’s Patent System
Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications
Patent Marking in China
Cross-Border Patent Assignment--How Can Foreigners Obtain Patent Assignments from Chinese Patentees?
Linda Liu Webinar: Introduction to Chinese Patent Invalidation and Trial System
Stages of Patent Invalidation Proceedings
On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending...more
As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more
In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official...more
In recent years, the examination of whether a trademark sign violates the misidentification clause in trademark authorization and affirmation cases has become increasingly stringent. The number of related trademark refusals...more
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more
The latest version of the CNIPA’s Guidelines for Patent Examination (hereinafter referred to as “the latest Guidelines”) came into force as of January 20, 2024. In comparison with the previous version of the Guidelines, there...more
On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more
Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New...more
As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more
As of January 20, 2024, applicants are no longer able to enjoy a 15-day grace period for most response deadlines pertaining to patent applications being pursued in the Chinese National Intellectual Property Administration...more
Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more
The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more
The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant...more
When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired...more
As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes. Earlier this year, the China National Intellectual Property Administration (CNIPA) released a...more
Case IV of Ten Typical Cases of 2019 on Administrative Protection for Patent Rights - Case Insight - In this case, the intellectual property administrative agency gave full play to mediation, based on ascertained facts,...more
Summary of the judgment - The defendant’s use of the picture of the tyre GST67 in its product brochure without the plaintiff’s permission during the validity term of the plaintiff’s patent constituted the act of offering...more
Judgment Gist - Three types of the allegedly infringing product CSM-9820-00/01/02 and the allegedly infringing product CSM-9820A fully encompass all of the technical features of claims 1, 2, 4, and 6 of the subject patent,...more
Market Supervision Administration of Guangdong Province "2021 Typical Cases of Intellectual Property Administrative Law Enforcement" patent infringement case No. 7 【Case Insight】 In this case, under the mediation of...more
In the event that the design of an allegedly infringing product is not identical to a prior design, in order to reach a correct determination on design patent infringement, a comprehensive judgment should be based on...more
Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more
Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. (“Westin L.P.”) successively operated hotels with the brand name “威斯汀 (Wei Si Ting – Westin in Chinese)” in Shanghai, Beijing,...more
Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more
As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese...more