(By Luo Yanjie) According to the Customs Protection Regulations for Intellectual Property (“Regulations”) patent protection through customs recordation means that customs protects the intellectual property rights related to import and export as well as those rights protectable under Chinese laws and regulations. It generally covers the protection of trademark’s exclusive use right, copyright, and patent. As to trademark protection through custom recordation, you may check our past article “How to Apply for Trademark Recordation in China Customs”. Today we would focus on patent protection through customs recordation.
As reported, China issued a patent certificate which marked the 1 millionth invention patent granted in the country. However, it only took China 27 years to achieve that amount in the invention patent since the nation’s first patent law took effect in 1985, and it’s also the record to make that achievement in the shortest time.
China spent 6 years to see her 10, 000th invention patent in 1991, and another 12 years to total 100, 000 invention patents (2003). But it only took the country 9 years to increase from 100, 000 invention to the 1 millionth (2012). So far as is known, till the end of the 2nd season of 2012, SIPO has received 3.114 million applications for invention patents, and of the 1 million granted by the middle of July, ,518,000 came from 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).