Updates and Changes
New Remedy in China for Fixing "Errors" in a Patent Application: Incorporation by Reference
21 March 2024Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released the new […]
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Updates on Hong Kong Patents Examination Guidelines in 2024
29 February 2024The Intellectual Property Department of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (HKIPD) has recently made several updates to the Hong Kong Patents Examination Guidelines, effective from 26 January, 2024. These changes mainly clarify and reflect the Registry’s current practices regarding patent examination for Standard Patent (R) […]
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IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 3: The 15-Day Mailing Period is Mostly Going Away
28 February 2024A Closer Look at the New Presumed Receipt Date Calculation Background China has finally released the long-awaited Patent Law Implementation Regulations (“Regulations”) and associated "Patent Examination Guidelines" (“Guidelines”, similar to the United States' MPEP) which provide further clarity and details of the new Chinese patent law. Today’s article will focus on changes that impact how […]
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IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 1: Delayed Examination
25 January 2024December 2023 appears to have been an exceptionally busy and fruitful month in the China patent space. Following the State Council’s approval of the long-awaited Patent Law Implementation Regulations (“Regulations”, similar to the CFR in the US) in November, the CNIPA finally made public the full text of the Regulations just before the arrival of […]
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Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
10 November 2023On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the "Implementation Regulations of the Patent Law of the People's Republic of China (Revised Draft)" was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see […]
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CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
12 April 2023At the end of October 2022, the China National Intellectual Property Administration (CNIPA) released a new draft amendment of the Patent Examination Guidelines[1] (hereinafter referred to as the “New Draft”) to the new Chinese Patent Law that came into effect in 2021. We highlight two key amendments below. 1. The starting date for calculating PTA […]
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Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
22 March 2023Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety[1] and human genetic resources management[2] (collectively referred as […]
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China Announcing More Proposed Amendments to the Examination Guidelines in 2022
17 November 2022It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published[1], this time consolidating the […]
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China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines
19 October 2021The new 4th Amendment of the Chinese Patent Law came into effect on June 1, 2021. Right before that date, the Chinese Patent Office (“CNIPA”) released some “Interim Measures” to give us a taste of what was to come, though they have yet to released the actual Implementation Rules. Two months later, CNIPA finally released […]
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China Finally Clamps Down on Facial Recognition Technology
24 August 2021Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape Around the end of July 2021, the Supreme People’s Court issued a new Provision concerning the application of law about a super-hot technology, facial recognition. This Provision is a legal explanation from the SPC explaining how the law should be applied or interpreted […]
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