Skip to content
China Patent Strategy

Latest Updates on the IP Landscape in China

  • Eagle IP
  • About Our Contributors
  • Eagle IP
  • About Our Contributors
  • China,  EIP Patent 101 Corner,  Inventions,  National Security Clearance,  Patent Law,  US

    US vs CN: Foreign Filing License Requirements

    November 9, 2022

    In China, foreign filing requirements are generally very similar to the US — a foreign filing license is required if a foreign application is to be filed first for an invention made in the country. The Chinese equivalent to the US foreign filing license is called a confidentiality examination for foreign filing. According to Chinese Patent Law Article 19 (previously Article 20), if a foreign application is to be filed for an invention made in China, the applicant must submit a request to conduct a confidentiality exam to the CNIPA in advance. The CNIPA will determine whether the invention (for simplicity, the term “invention” includes invention and utility models in…

    Read More
    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • 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…

    Read More
    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • 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…

    Read More
    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

Subscribe!

Don't miss a post! Subscribe here to join our mailing list. We will never share your contact information with anyone else.
Loading

Recent Posts

  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
  • Jan 09, 2025 AI is magical but NOT magic! Be specific in your AI patents!
  • Dec 04, 2024 How a Secondhand Ground Brush Wiped Away a Chinese Patent

Categories

Archives

  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • September 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • April 2023
  • March 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • July 2022
  • June 2022
  • April 2022
  • February 2022
  • December 2021
  • October 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • April 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018

Recent Posts

  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
  • Jan 09, 2025 AI is magical but NOT magic! Be specific in your AI patents!
  • Dec 04, 2024 How a Secondhand Ground Brush Wiped Away a Chinese Patent
  • Sep 06, 2024 New Fee Standards Released for Chinese Patent Applications
  • Jun 27, 2024 Beijing IP Court Reverses CNIPA Decision and Upholds Ozempic® semaglutide patent in China as VALID based on Novo Nordisk’s Post Filing Data
  • Jun 17, 2024 A More Detailed Overview of China’s Patent Term Extension (PTE) System
  • May 07, 2024 Everything you need to know about Patent Term Adjustment (PTA) in China
  • Apr 23, 2024 Stay Ahead: Getting a Chinese Patent in Three Months?
© 2025 Eagle IP Limited
Savona Theme by Optima Themes