Updates and Changes
CHINA: New Patent Examination Guidelines Now Available for Public Comment
2021年8月4日Two months after the new Chinese Patent law came into effect, the CNIPA has released a new set of Patent Examination Guidelines (proposed version) for public comments on Aug 3, 2021. Here are the explanation of the amendments (Chinese only). Here is the full set of proposed amendments (Chinese only). Briefly, the new amendment focuses […]
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Breaking: China Released New Implementation Measures for the New Patent Linkage System
2021年7月14日On July 4, 2021, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) released details on the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage”), effective July 4, 2021. Below is a summary highlighting key provisions and changes from the draft measures. Creation of an […]
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CNIPA Releases Interim Measures for the Amended Chinese Patent Law Going Into Effect June 1, 2021
2021年5月28日Breaking News! We finally have more details about the new Chinese Patent Law which will go into effect on June 1, 2021. The full set of measure can be found at this link. Below are some pertinent points. No Implementation Rules . . . . Yet The new Implementation Rules will not be available by […]
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China’s Newest Examination Guidelines: Inventive Step for Biological / Life Science Inventions (Part III)
2021年4月30日This is Part III of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China "shall permit pharmaceutical patent applicants to rely on supplemental […]
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China’s Newest Examination Guidelines: Novelty and Inventive Step for Compounds (Part II)
2021年4月29日This is Part II of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China "shall permit pharmaceutical patent applicants to rely on supplemental […]
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China’s Newest Examination Guidelines: Post-Filing Supplemental Data for Compounds (Part I)
2021年4月28日Post-filing data in China has been a constant issue for many patent practitioners around the world. Examiners seem to require it often, and yet the rules regarding when it is acceptable have seemed much stricter than other jurisdictions worldwide. In fact, we tried to summarize the latest state of the law in an earlier blog […]
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A Detailed Dive into China’s New Patent Term Extension Provisions
2020年12月11日This article is a part of a larger article that highlights the newest draft implementation rules of the new Chinese Patent Law. This particular article takes a detailed dive into the patent term extension/adjustment provisions. One of the biggest and most exciting provisions in the newly amended patent law is patent term extension for delay […]
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China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
2020年12月11日The China National Intellectual Property Administration (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but […]
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China Releases Draft Examination Guidelines for the new Patent Law
2020年12月4日The Chinese Patent Office (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited […]
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How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
2020年11月20日The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese […]
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