15 articles
SIPO launches its patent examination complaints platform
SIPO’s patent examination quality complaints platform had operated well since its launch on July 22, 2011. To collect public complaints and suggestions about patent examination more comprehensively and continuously improve examination quality, SIPO upgraded the service to the Patent Examination Complaints Platform, which formally began operating on January 20, 2012.
Intellectual property services become a priority for encouraged foreign investment
China has promulgated the revised Catalogue for the Guidance of Foreign Investment Industries (2011 Revision). To promote the optimisation and upgrading of the industrial structure, the Catalogue encourages foreign investment in strategic emerging industries, high-technology industries and intellectual property services.
China shortens trademark examination to ten months
Since 2011, the Chinese Trademark Office has improved examination efficiency, shortening trademark examination to ten months and reducing the time for handling oppositions and disputes to under 18 months. These periods have reached international levels.
Assessing design patent infringement
Assessing design patent infringement generally involves two questions: whether the accused product’s design is identical or similar to the patented design, and whether the accused product and the product covered by the patent are of identical or similar types. These are central and difficult issues in judicial practice. This article examines several related points.
Read article ↗Could a graphical user interface obtain design protection in China?
Question: Our client is interested in obtaining registered design protection in China for the aesthetic aspects of a graphical user interface or website design. Could such an interface be protected by a registered design?
Countries participating in China’s PPH pilots in early 2012
Question: Which countries have launched Patent Prosecution Highway (PPH) pilot programmes with China?
Read article ↗Official fee for a PPH request before SIPO
Question: Is an official fee payable when submitting a PPH request to SIPO?
Read article ↗Amending Chinese claims to correspond to Japanese claims for PPH
Question: A Chinese application based on a Japanese application corresponds to the text originally filed with the JPO. However, amendments during Japanese prosecution mean that its claims no longer correspond to those allowed in Japan. China offers limited opportunities for voluntary amendment. If three months have passed since receipt of the Notice of Entry into Substantive Examination, how can the applicant make the Chinese claims sufficiently correspond to the Japanese claims for a PPH request?
Read article ↗Clerical errors in a PPH claim correspondence table
Question: The claims allowed by the JPO contain clerical errors but otherwise correspond to the Chinese claims. May the applicant state “completely identical” in the claim correspondence table submitted to SIPO?
Read article ↗Does a PPH request replace substantive examination in China?
Question: We have heard that a PPH request can make obtaining a patent easier in Korea because no additional examination is carried out. What is the position in China?
Read article ↗When to request PPH participation before SIPO
Question: When may an applicant submit a PPH request to SIPO?
Read article ↗Electronic filing requirement for PPH requests from March 2012
Question: If a PPH request is submitted on or after March 1, 2012, must the corresponding Chinese application be an electronic application?
Read article ↗PCT-PPH requests when Box VIII contains observations
Question: May a PCT-PPH request be submitted to SIPO if Box VIII of the WO/ISA, WO/IPEA or IPER forming the basis of the request contains any observations?
Read article ↗Translation of US documents for a China–US PPH request
Question: For a China–US PPH request to SIPO, the applicant must submit copies of all USPTO office actions for the corresponding application and all claims found patentable or allowable by the USPTO. Must translations also be submitted?
Read article ↗Translation of Japanese documents for a China–Japan PPH request
Question: For a China–Japan PPH request to SIPO, the applicant must submit copies of all JPO office actions for the corresponding application and all claims found patentable or allowable by the JPO. Must translations also be submitted?
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