7 articles
Points to consider when filing a design application in China
In China, SIPO grants design patents after preliminary examination, without substantive examination. This may leave the resulting rights vulnerable and has been accompanied by increasing invalidation proceedings and litigation. Drawing on the Patent Law, the examination guidelines and our practice, this article discusses points to consider when filing, with a view to effective enforcement.
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Chinese patent documents added to PCT minimum documentation
On July 1, 2012, Chinese patent documents were formally added to the minimum documentation under the Patent Cooperation Treaty (PCT). They thereby became part of the documentation that International Searching Authorities must search when examining international patent applications. China became the eleventh country or institution whose patent documents were included in the PCT minimum documentation.
Measures for prioritised examination of invention patent applications take effect on August 1, 2012
The State Intellectual Property Office (SIPO) has issued the Measures for the Administration of Prioritised Examination of Invention Patent Applications. The Measures provide an expedited examination route for important applications with significant economic and social implications, including those concerning strategic emerging industries and green technologies. They are intended to promote the practical application of scientific and technological achievements and the development of these industries and technologies.
Chinese patent applications and grants in the first half of 2012
In the first half of 2012, China received 857,000 applications for the three types of patents—invention patents, utility models and designs—an increase of 26.8% over the same period of the previous year. The number granted rose 19.1% to 530,000. Both applications and grants continued to grow.
Responding to office actions alleging lack of support
Examiners previously relied mainly on novelty and inventive step to prevent claims from having an excessively broad scope. Following the third amendment to the Chinese Patent Law, and particularly in 2011, objections that claims were not supported by the description became more frequent. More office actions challenged claims on the ground that their scope was too broad.
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Could PPH application files be accessed through the China Patent Inquiry System?
Question: We understand that the file wrapper of a Chinese patent application can be searched through the China Patent Inquiry System (http://publicquery.sipo.gov.cn/). Could a case proceeding under the Patent Prosecution Highway (PPH) before SIPO also be searched through this system?
Recognition of well-known trademarks in China
Under the Rules on the Recognition and Protection of Well-Known Trademarks, a well-known trademark is a mark widely known to the relevant public and enjoying a high reputation in China. The relevant public includes consumers of the goods or services bearing the mark, other operators producing those goods or providing those services, and sellers and other participants in the distribution channels.
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