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
China IP Legal Report
A Critical Resource for Navigating Chinese IP Law
The China IP Legal Report, published by Perkins Coie LLP, focuses on intellectual property law developments and legal issues in China. It covers topics such as amendments to Chinese trademark law, patent validity and invalidation proceedings, grace period requirements for novelty disclosures, inventive step and obviousness standards in patent cases, and China's participation in international design registration systems. The blog also discusses procedural aspects of patent prosecution and enforcement, as well as regulatory updates from the China National Intellectual Property Administration (CNIPA). It provides analysis of legal trends affecting trademarks, patents, industrial designs, and related IP rights within the Chinese legal framework.
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The Regents of the University of California v. the CNIPA, No. 5353 [2019], Trial, Administrative Division, Beijing Intellectual Property Court
By Yingli Wang & Perkins Coie
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
By Yingli Wang & Perkins Coie
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
By Yingli Wang & Perkins Coie
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
By Yingli Wang & Perkins Coie
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
By Mia Xia, Yingli Wang & Perkins Coie
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
By Yingli Wang & Mia Xia
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
By Yingli Wang & Perkins Coie
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…