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  • China,  Court Cases,  Courts,  EIP Coffee Break,  EIP Patent 101 Corner,  prosecution,  Supreme People's Court

    Do Invention and UM Patents Filed on the Same Day Rise and Fall Together?

    August 19, 2021

    Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape Seminal Cases by the SPC Recently, the Intellectual Property Division of the Supreme People’s Court (SPC) issued a list of seminal (精品) cases. Although China is not a case law country, such seminal cases issued by the SPC have high guiding impact for similar cases in the future, so they are still worthy of attention. One of the seminal cases ((2020) 最高法知民终699号) is very interesting. It involves a set of “same day applications”, i.e. an invention patent and utility model (UM) patent directed towards the same invention filed on the same day. The key issue is: if the…

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  • China,  EIP Patent 101 Corner,  Inventions,  prosecution

    What is the difference between an Invention Patent and a Utility Model Patent?

    August 13, 2021

    There are two types of patent protection in China. Invention patents (similar to a US utility patent) have a term of 20 years from the date of filing and may be granted for both methods and products. Utility model patents (similar to a petty patent) may be granted in China for technical solutions that relate to shapes or structures of a product, and have a term of 10 years from the date of filing. Utility model applications are subject to preliminary examination to check for compliance with formal requirements, novelty, unity of invention and patentable subject matter. Invention patent applications are subject to search and examination similar to those conducted…

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  • China,  Patent Linkage,  Patent Term Extension,  Updates and Changes

    CHINA: New Patent Examination Guidelines Now Available for Public Comment

    August 4, 2021

    Two months after the new Chinese Patent law came into effect, the CNIPA has released a new set of Patent Examination Guidelines (proposed version) for public comments on Aug 3, 2021. Here are the explanation of the amendments (Chinese only). Here is the full set of proposed amendments (Chinese only). Briefly, the new amendment focuses on the following points: Updated Design Application System, involving requirements for partial designs and GUI applications, obviousness standard for designs, domestic priority, and other procedural requirements; Newly added provisions about the Patent Cooperation Treaty, including incorporation, priority restoration, addition, correction, etc.; Newly added provisions about Patent Term Extension and Patent Term Adjustment’; Newly added provisions…

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  • SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • What Kind of Damage Awards Can You Get in China?
  • China Releases Draft Implementation Guidelines for the Drug Administration Law
  • How Smart is a “Skilled Person in the Art”?

Recent Posts

  • Jul 04, 2022 SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • Jun 30, 2022 China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • Jun 16, 2022 What Kind of Damage Awards Can You Get in China?
  • Jun 02, 2022 China Releases Draft Implementation Guidelines for the Drug Administration Law
  • Apr 11, 2022 How Smart is a “Skilled Person in the Art”?
  • Apr 04, 2022 Patent Eligibility for Software in China
  • Feb 11, 2022 China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
  • Dec 06, 2021 CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
  • Oct 22, 2021 CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law
  • Oct 19, 2021 China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines
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