Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety[1] and human genetic resources management[2] (collectively referred as “biosafety laws” herein for simplicity), namely to restrict (1) the collection, use and exportation of genetic resources as well as (2) the collaboration and sharing of genetic resources with foreign entities. To integrate the new biosafety laws and the country’s various regulations, the CNIPA has incorporated some additional updates regarding the genetic resource requirements in…
- China, China Patent Office, CNIPA, Examination Guide, Invalidation, Patent Law, Proposed Changes, Updates and Changes
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FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until this moment, the World Intellectual Property Organization (WIPO) and the CNIPA[1] have been silent on whether a Hong Kong design applicant without a habitual residence or business office in mainland China would be eligible to file a Hague international design application with the CNIPA as a RO. We recently brought this matter forward to the…
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Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
This year, China stepped further onto the international scene by signing on as a member of the Hague Agreement. The Hague Agreement is an international registration system allowing applicants to file a single international design application in a single language to obtain protection in over 100 designated member countries. The US has been a member since May 13, 2015. China joined this year. On 5 February 2022[1], the Government of China deposited its instrument of accession to the 1999 Geneva Act of the Hague Agreement, being the 68th contracting party to the 1999 Act and 77th member of the Hague Union. This harmonizes certain aspects of China’s design patent law…