Category Archives: Patent

Patent Issues for Attention on the Exhibition in China

The international exhibitions give enterprises great opportunity to release new technology or new product, which can help enterprises draw much public attentions. While such exhibitions are also annoyed by the patent dispute with damages the enterprises expectations on the exhibition. Today, Bridge IP Law Commentary today will give our analysis on the issues related to the exhibition patent.

I. Showing in an exhibition won’t cause a patent product lossing novelty

The priority of the trademark on the exhibition has been analyzed in our past post, while as to the patent right, the exhibition attendance could not necessarily bring the priority. According to Article 24 of Paten Law in China:

“An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government”.

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The Officer of U.S. Consulate Visited Bridge IP Law Commentary

On 20th December, Mr. Steven Duke （杜史文）, Vice Consul of U.S.A, visited DeBund Law Offices/Bridge IP Law Commentary for the survey on the IPR protection in China.

On the meeting with the Consul, Mr. You Yunting introduced the IPR protection in China and replied the questions interested by the visitor, which mainly include the national treatment of foreign companies in IPR dispute settlement, the destroy of knockoff model through judicial way, the copyright of video-sharing programs, the transaction and transfer of patent, the protection of trade secret and the development of IPR judge and lawyers in China.

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What If the Patent Infringement Lawsuit Apple vs HTC in China?

Which Chinese authority has the jurisdiction over the patent infringement?

Recently, the International Trade Commission of United State ruled on the patent conflict between Apple and HTC, determining that HTC has infringed the No.647 patent of Apple iPhone and banning the import of HTC’s smart phone with this patent feature from 19th, April, 2012.

For the case, Bridge IP Law Commentary would like to discuss a problem that which authority shall have the jurisdiction over the conflict shall it occurred in China? In fact, there’s no similar administration like ITC in China considering the IPR conflict with foreign products involved, and the administration duty on the infringement combat mainly focuses on the fake patent, namely those products claimed being patented or claiming owning others patent. Although the administration will handle some patent conflicts of unlicensed using, the complicated dispute, like the one between Apple and HTC, is mainly handled by the court.

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Increased Penalty for the IPR Protection after China Criminal Law Revision


As reported, Mr. Jiang Zengwei, the deputy minister of China Commerce Ministry, replied on the press conference on 13th, December that China will enhance the strength of the IPR infringement punishment from 6 aspects, including the completion on the civil evidence rule and increasing the penalty sum.

The specific measures include to research the revision on the criminal law for the strengthened deterrence with more scientific description on the crime; to draft the current effective measures into the judicial interpretation; to increase the penalty sum as times of the infringing products’ value; to complete the civil evidence rule; to research the increase on compensation; to research the application conditions for the great amount, serious consequence and serious circumstance in the criminal law for the more feasibility of the law.

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Common Problems Concerning the Notarization of Internet Evidences in China

Recently, Judge Gao Fei, from Dongcheng District People’s Court in Beijing, has published an article on the China Press and Publishing Journal, discussing the relevant problems of the electronic evidences of network copyright in China. The article analyzes the four main problems in the evidence preservation of network copyright infringement disputes due to the evidence being intangible and easy to be modified, and it also gives the solution. Bridge IP Law Commentary today will introduce you our interpretation on the article.

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The Patent Prosecution Highway is Piloting in China

—introduction on PPH programs between China and USA, Japan

Recently, China government has speeded up the process of international patent cooperation. Currently, the Patent Prosecution Highway (PPH) Program between China and several other countries has started or prepared to start. Among the cooperations, the Sino-Japan PPH is piloting from 1st November, 2011, the Sino-America PPH will be carried out on 1st December, 2011, and Sino-Korea program will start from March, 2012.

PPH allows applicants to obtain corresponding patents faster and more efficiently, avoids unnecessary repeated works of the OSF, simplifies the prosecution procedure and benefits the applicant as well as the industry. PPH was first tried out by and between U.S.A and Japan in 2006, and officially operated from 2008. So far, South Korea and some European countries have participated in the program.

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Matters for Attention in the Patent Preliminary Injunction Application in China(I)

Highlight: introducing the regulations on the patent preliminary injunction in China, as well as the applicant, examination standard. Also the question of whether the injunction could be applied in the lawsuit is also discussed.

As shows in the recent released data by China Supreme Court, the newly filed and judged intellectual property cases in the period from January to October are respectively 52, 708 and 38, 682, which have increased 42.2% and 39.79% year on year. Among which the cases with injunction applied are 126, and 184 for those applied for evidence preservation before the hearing and 18 for property preservation before the hearing.（For more details, pls refer to：http://www.legaldaily.com.cn/index/content/2011-11/28/content_3133300.htm?node=20908）

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Brief Introduction on the Assessment Report of Utility Models Patents in China

Highlight: Introducing what kind of role does the assessment report play in utility model patent litigation, and also we will analyze the characteristics of it.

As patent lawyers, we’re often consulted by clients that what measures could be taken to against the infringement on their patent? The answer from us is that the novelty retrieval report or patent assessment report is demanded before the utility models suits, depending on the application date. (For those utility models applied before 1st Oct. 2009, the novelty retrieval report shall be applied, while those applied after that, the assessment report shall be applied accompanied, and we will discuss the differences between the reports in other essays on the website).

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The First Primary People’s Court with Jurisdiction over Patent Disputes in China

—-Introduction of the Jurisdiction System of Patent Litigation in China

Highlights: Introducing the jurisdiction system of patent litigation in China, including the territory jurisdiction and jurisdiction by forum level of the patent civil and administrative litigation involving inventions, utility models and design.

Recently, the Supreme People’s Court has approved the Beijing Haidian District People’s Court (the “Haidian Court”) as a pilot to hear patent cases, thereafter the Haidian Court becomes the fist primary people’s court with jurisdiction over patent cases in China.

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The Suggestion on the Patent Management of the Company in China from the former Huawei Patent Engineer

Highlight: The patent has been an integral part of modern companies. Bridge IP Commentary will give you the suggestion for the patent management and application under the laws and regulations of China.

Patent is the essential part of the intangible asset of modern companies for it may bring great profit with proper application. In recent years, it has brought to the attention of China companies the importance of the patent for the often encountered patent litigation and the Section 337 Investigation by U.S.A. Then how to manage and apply the patent? And the followings are our suggestions:

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The Patent Application of 2-Dimensional Bar Code in China

According to the New York Times, 2-dimensional bar code technology has been applied in some television shopping programs in USA, where a scan of the onscreen 2-dimensiaonal bar code would put the product directly in the viewer’s shopping cart. In the mobile internet age, 2-dimensional bar code technology could enjoy a wide application area, however, that also necessarily leads to the battle of intellectual property on such technology just like other patent competitions over mobile technology.

The 2-dimensional bar code technology has been rapidly developing in recent years in China. According to the preliminary retrieval by Bridge IP Commentary concerning the application of 2-dimensional bar code in China on October 9th, 2011, there were over 650 patents applied with the 2-dimensional as the key word, and through preliminary analysis, these patents have the following characteristics:

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China Begins to Try Out Intellectual Property Pledge System

Highlight：China’s new policy on intellectual property pledge，which will help startup firms in technology or creative industries but increase the risks for the banks.

For more innovation and settlement on fund shortages with startups in the technology and creation industry, the Guidance on Financial Support on Revitalization and Development of Culture Industry was issued on 19th March, 2010, by which the collaboration is established between the government of China and more loans to support with company culture is also demanded.

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