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: We will study these in detail and will focus more closely on points 1-5 in subsequent articles. Yolanda Wang is a Principal, Chinese Patent Attorney, and Chinese Patent Litigator at Eagle IP, a Boutique Patent Firm with offices in Hong Kong, Shenzhen, and Macau. This article is for general informational purposes…
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Breaking: China Released New Implementation Measures for the New Patent Linkage System
On July 4, 2021, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) released details on the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage”), effective July 4, 2021. Below is a summary highlighting key provisions and changes from the draft measures. Creation of an “Orange Book” List A new public registration platform has been created that lists “Patent Information” for all drugs marketed in China (similar to the US “Orange Book”). Drugs must be approved in China in order to be listed, and unlisted drugs cannot use these new “Patent Linkage” mechanisms. What “Patent Information” needs to be provided?…
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CNIPA Releases Interim Measures for the Amended Chinese Patent Law Going Into Effect June 1, 2021
Breaking News! We finally have more details about the new Chinese Patent Law which will go into effect on June 1, 2021. The full set of measure can be found at this link. Below are some pertinent points. No Implementation Rules . . . . Yet The new Implementation Rules will not be available by June 1, 2021. Accordingly, some submissions to the CNIPA made on or after June 1, 2021 will not be examined until after the Implementation Rules are out. Patent Term Adjustment for Patent Office Delay Applicants can request for patent term adjustment for any case granted after June 1, 2021. If applicants have already received a…
