CNIPA
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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IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 1: Delayed Examination
2024年1月25日December 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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Do Promotional Marketing Materials Constitute an “Offer for Sale” under Chinese Patent Law? Bayer IP GmbH v. Nanjing Hang Seng Pharmaceutical
2023年12月12日Bayer's blockbuster drug Rivaroxaban has seen its share of patent litigations in China, several of which are big enough to be listed as Top 10 IP cases or 50 Representative IP cases. We summarized an invalidation case back in 2020 where all of Bayer’s claims directed towards the compound were upheld. Recently, another Rivaroxaban case […]
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Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
2023年11月27日Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well […]
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Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
2023年11月10日On 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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