On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The TML Draft Amendment is the product of deliberations that officially commenced in 2018. This deliberation
Latest from China IP Legal Report
The Regents of the University of California v. the CNIPA, No. 5353 [2019], Trial, Administrative Division, Beijing Intellectual Property Court
On December 29, 2021, the Beijing Intellectual Property Court (the Court) maintained the validity of CN Invention Patent No. ZL200680025545.1 (the ’545 patent), which reversed an invalidation decision[1] made by the Patent Reexamination and Invalidation Department of the China
A Request for Grace Period for a Novelty Art Should Be Submitted Within Two Months When the Patentee Knew or Should Have Known About the Novelty Art After the Patent Application Was Filed
The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) invalidated the CN Invention Patent No. 201310567987.0 (the ’987 patent)[1] because the patentee failed to submit a request for grace period for a novelty
“Reasonable Expectation Of Success” Considered in an Invalidation Proceeding of a Chinese Invention Patent
The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of CN Invention Patent No. ZL02123000.5 (the ’000 patent) in an invalidation proceeding.[1] The PRID held that the claimed invention is inventive
China Joins the Hague International Design System for the International Registration of Industrial Designs
On February 05, 2022, the World Intellectual Property Organization (WIPO) announced that China had joined the Hague International Design System (the Hague System) that allows registering up to 100 designs in 94 countries through one international application.[1]
Differences Noticeable to “General Consumers” May Be Considered “Significant Differences” Which Render the Design Patentable Over Prior Designs
The Patent Reexamination and Invalidation Department (PRID) of the China National Intellectual Property Administration (CNIPA) maintained the validity of Chinese design patent No. ZL201730205645.3 (the ’645 patent) in an invalidation proceeding.[1] The PRID held that the patented designs are
CNIPA Goes Paperless—Ceases Issuing Paper Trademark Registration Certificates as of January 1, 2022
On October 12, 2021, the China National Intellectual Property Administration (CNIPA) announced that from January 1, 2022, the CNIPA will issue only electronic copies of trademark registration certificates regardless of whether applications were filed as standard paper filings or as
CNIPA’s New Formalities Requirements for Petitioning for Protection of Well-Known Marks: Letter of Good Faith of Applicants and Agents
On August 6, 2021, the China National Intellectual Property Administration (CNIPA) announced that effective September 1, 2021, an applicant and its trademark agency will be required to submit a letter of good faith in support of any opposition, opposition appeal,
Bidding Document Available Only To Bidders May Not Be Publication For Prior Art
Northeast Ecological Agriculture Development Co., Ltd. (Northeast), v. Jikang Green Valley Planting Professional Cooperative (Jikang), No. 724 [2019], Final, Civil Division, the Supreme People’s Court of the People’s Republic of China.
Updates on Patent Linkage Registration Platform in the PRC
The Center for Drug Evaluation (CDE) of the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued a notice that the patent information registration platform of drugs approved in the PRC will be put into official