China Patent Office
How a Secondhand Ground Brush Wiped Away a Chinese Patent
2024年12月4日A Chinese robot vacuum company digs up “hidden evidence” to successfully invalidate a patent owned by its biggest competitor. Highlights Background With the growth of online shopping, it is easier than ever to provide evidence of a sale when the product is still being sold on the market. But what if the product is no […]
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New Fee Standards Released for Chinese Patent Applications
2024年9月6日Recently, the Chinese government issued four official notices introducing new fee standards and deduction rules for Chinese patent applications.1 These updates address international applications (PCT applications) and the Chinese national phase applications thereof, as well as patent term adjustment/extension (PTA/PTE). Please find our summary below: PCT application fee deduction rules Application fee & extra […]
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Beijing IP Court Reverses CNIPA Decision and Upholds Ozempic® semaglutide patent in China as VALID based on Novo Nordisk’s Post Filing Data
2024年6月27日Recently, all eyes have been on China as the fundamental patent covering semaglutide, the active ingredient in Ozempic® and Wegovy®, will expire on March 20, 2026. It goes without saying that generics are ramping up bigtime in China (and also around the world), preparing to manufacture and sell this blockbuster drug to one of the […]
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A More Detailed Overview of China’s Patent Term Extension (PTE) System
2024年6月17日Although PTE has been in the Chinese Patent Law since the 4th Amendment of the law came into effect June 1, 2021, we didn’t really know the exact details of how it operated until the Implementation Regulations and Examination Guidelines (“Implementation Regulations”) were finally released in December 2023. New Rules 77-84 in the Implementation Regulations […]
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Everything you need to know about Patent Term Adjustment (PTA) in China
2024年5月7日We previously discussed patent term compensation for patent office delay (‘Patent Term Adjustment’ or ‘PTA’) when such new system was introduced in the Fourth Amendment of the Chinese Patent Law (2020), as well as in the different versions of the Draft Examination Guidelines released in 2021 and 2022. In this article, we consolidate everything you need to […]
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Stay Ahead: Getting a Chinese Patent in Three Months?
2024年4月23日The China National Intellectual Property Administration (CNIPA) has announced a significant development in the realm of patent prosecution: the initiation of the "PPH Improvement Initiative" in collaboration with key patent offices from the United States, Europe, Japan, and South Korea. This initiative aims to elevate the user experience of the Patent Prosecution Highway (PPH) by […]
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Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim
2024年4月15日Three major 'remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the "Implementation Regulations"). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows […]
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New Remedy in China for Fixing "Errors" in a Patent Application: Incorporation by Reference
2024年3月21日Background 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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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
2024年2月28日A 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 2: Grace Period without Loss of Novelty
2024年2月7日Background 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 […]
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