Category Archives: Registration

Interpretation on New Compulsory Licensing for Patent Implementation Rule

China State Intellectual Property Office (SIPO) issued its No. 64 order on 15th March, 2012 to announce the promulgation of the newly revised Measures for the Compulsory Licensing for Patent Implementation (the “Measures”). The most attention catching point is the amendment of medicine patent compulsory licensing. Then, what are the specific provisions? And is there any amendment else deserve you focus? Today, we will make a brief introduction for you. (the image is the picture of Tamiflu once applied for compulsory licensing in China)

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WIPO: ZTE and HUAWEI of China Rank First and Third in PCT Application of 2011

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By the news of 6th March, WIPO released the statistics on the PCT application in 2011 global wide, among which ZTE Corporation of China with 2,826 published applications overtook Panasonic Corporation of Japan (2,463) as the top PCT applicant in 2011. Huawei Technologies, Co. of China (1,831) ranks third.

Despite difficult economic conditions, international patent filings under the WIPO-administered Patent Cooperation Treaty (PCT) set a new record in 2011 with 181,900 applications – a growth of 10.7% on 2010 and the fastest growth since 2005. China, Japan and the United States of America (US) accounted for 82% of the total growth. In 2011, the patent application in China saw a growth of 33.4 on 2011, the fastest growth among all, and totaled 16, 406; a growth of 8% in U.S.A totaled 48, 596 and a growth of 21% in Japan totaled 38, 888.

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SIPO: 172,113 Granted Invention Patent in China 2011

Recently, the State IP Office (“SIPO”) held a News Conference, on which Mr. Gan Shaoning, the deputy director of the administration, announced China’s patent statistic of 2011 (the image above is the picture of the conference ). For your reference, Bridge IP Law Commentary translates the news on Gmw.cn (note: the link is in Chinese) as follows.

I. The Rank of Provinces, Cities and Enterprises on Patent Granting in China, 2011

There has granted 172,113 invention patent by the SIPO in 2011, up 27.4% year to year, among which, 112,347are granted to the inventors at home, namely 65.3% of the total, up 65.3% year to year.

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China and Germany lauch Patent Prosecution Highway (PPH)

According to the report of People.com, the patent prosecution highway between China and Germany was started on 23rd, January, 2012. According to the Joint Statement by the Chinese Intellectual Property Office (SIPO) and the German Patent and Trademark Office (DPMA), the piloting items of the PPH only involve the regular PPH, excluding PCT-PPH in the Sino-Japan PPH and Sino-America PPH. The initial programme will run for two years and ends on 22nd January, 2014, subject to the renewal. Thus Germany has been the third main trade partner of China after Japan and America cooperating in PPH.

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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 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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