Insights · September 2013

IP news and practical perspectives on patents and trademarks.

6 articles

IP News

Beijing Third Intermediate People’s Court established in August 2013

In 2011, Beijing’s First and Second Intermediate People’s Courts concluded 60,000 cases, an increase of 485% over 1995, when the former Beijing Intermediate People’s Court was divided into two courts. To address the rapidly growing caseload, the Beijing Third Intermediate People’s Court was established on August 6, 2013, and opened on August 21, 2013.

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Patent Insights

Confidentiality examination before filing a patent application outside China

The third revision of China’s Patent Law, which took effect on October 1, 2009, introduced confidentiality examination for an invention or utility model developed in China before a patent application is filed abroad. Such an application may be filed abroad only after compliance with the confidentiality-examination requirements. Breaching the requirement can prevent a corresponding Chinese application from being granted; a granted patent may also be invalidated on that ground. An invention or utility model developed in China is one whose substantive technical content was developed within China.

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Patent Insights

Determining whether an invention or utility model was developed in China

Rule 8 of the Implementing Regulations explains the confidentiality-examination requirement in Article 20 of China’s Patent Law. An invention or utility model developed in China is one whose substantive technical content was developed within China. For this purpose, the original article refers to the territory within mainland China’s customs boundary, excluding Hong Kong, Macao and Taiwan.

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