Newsletter: Chinese IP Information
- Annual Report of Patent Examination from CNIPA in 2019
- China Officially Releases Value-added Data for Patent-intensive Industries for the First Time
- During COVID-19, Remote Hearings was Conducted by RID of CNIPA
- Fractus and ZTE Reached a Settlement on Patent Litigation
- 3 Million Compensation for the Final Trial! Bulgari Wins Trademark Dispute in China
Annual Report of Patent Examination from CNIPA in 2019
In 2019, CNIPA vigorously promoted the improvement of patent examination quality and efficiency. The cumulative backlog of invention patent examination cases was reduced by 126,000, and the high-value patent examination cycle was reduced to 17.3 months.
In 2019,CNIPA continued to promote the revision of the "Guideline of Patent Examination", and published the amendments through the Bureau's announcements No. 328 and No. 343 on September 23 and December 31, respectively. The two revisions of the " Guideline of Patent Examination " responded to the urgent needs of the patent protection of the innovation subject in terms of GUI, human embryonic stem cells, new formats and new fields.
CNIPA issued the “Administrative Measures for Centralized Examination of Patent Applications (Trial)” in August 2019. Centralized examination refers to a patent examination model that focuses on examination of patent application portfolios around the same key technology. It aims to help innovative entities develop patent layouts for key technologies, and therefore focuses on high-quality patent application portfolios. In practice, the centralized examination is initiated at the request of the patent applicant or the provincial intellectual property management department. When there are multiple applicants, the approval of all applicants should be obtained. At the same time, in order to further improve the quality and efficiency of the examination, the applicant should actively cooperate with the examination department to provide relevant technical information, and carry out technical briefings, meetings, research, and roving examinations.
On December 9, 2019, CNIPA and the Changsha Intellectual Property Office launched a remote joint trial activity, and both parties announced the review conclusion in court. The remote joint trial resolved three patent infringement disputes and patent invalidation claims. In the next step, CNIPA will continue to explore the establishment of a linkage mechanism for rapid patent rights confirmation, rapid rights protection, litigation and docking, and multiple mediation. At the same time, it will also strive to increase the proportion of remote trial, court announcement, joint trial, etc., and promote various examination models, such as court trial + joint trial, remote trial + joint trial and other trial modes, strengthen the "fast protection" and "strict protection" of intellectual property rights.
On May 11, 2019, CNIPA launched the intelligent auxiliary examination system for design. The system relies on massive data and adopts automatic means to intelligently classify and examine design patent application documents. At the same time, it strengthens coordination and linkage with business systems such as design intelligent retrieval systems and electronic application clients, making it more efficient, intelligent, standardized and structured to a higher degree.
CNIPA established the Patent Examination Quality Evaluation Working Group in July 2019. After the establishment of the working group, it actively established rules and regulations to ensure the objective accuracy of sampling quality evaluation through blind evaluation, avoidance, group discussion and timely feedback. At the same time, it adhered to the principles of grading management, result orientation and quality and efficiency, and optimized sampling quality evaluation indicators.
CNIPA established the Patent Examination Steering Committee in July 2019. The committee conducts business guidance at the bureau level, coordinates the work related to decision-making examination standards, and studies and resolves major or difficult legal issues related to the interpretation and application of examination standards in practice.
China Officially Releases Value-added Data for Patent-intensive Industries for the First Time
On March 13, CNIPA and the National Bureau of Statistics jointly issued the "Announcement on the Value-added Data of National Patent-intensive Industries in 2018". The announcement shows that in 2018, the added value of China's patent-intensive industries was 1,070 billion yuan, accounting for 11.6% of the gross domestic product (GDP). This is the first time that China has officially released value-added data on national patent-intensive industries.
According to the announcement, the value-added data released this time is based on the “Intellectual Property (Patent) Intensive Industry Statistical Classification (2019)” (Order No. 25 of the National Bureau of Statistics) and uses the results of the fourth national economic census for accounting. According to the nature of economic activities, China ’s patent-intensive industries can be divided into seven categories. Specifically, the added value of the new equipment manufacturing industry is 3.283 trillion yuan, accounting for the highest proportion of the value-added of the patent-intensive industries, at 30.7%; the added value of the ICT manufacturing industry is 2,151.5 billion yuan, accounting for 20.1%; the added value of the information and communication technology service industry is 1,947.2 billion yuan, accounting for 18.2%; the added value of the new materials manufacturing industry is 1,413 billion yuan, accounting for 13.2%; the added value of the medical and medical industry is 946.5 billion yuan, accounting for 8.8%; the added value of R&D, design and technical service industry is 721.5 billion yuan, accounting for 6.7%; the added value of environmental protection industry is 242.4 billion yuan, accounting for 2.3%.
The relevant person in charge of the Strategic Planning Department of CNIPA said that, in the context of a new round of technological and industrial revolution and development, compared with traditional labor, capital and other factors, intellectual property rights are playing an increasingly important role in economic development. Relevant research from the United States and the European Union also shows that intellectual property-intensive industries have become an important factor for countries to drive economic growth and maintain economic competitiveness.
From CNIPR 2020.3.18
During COVID-19, Remote Hearings was Conducted by RID of CNIPA
On March 9, the Reexamination and Invalidation Department of CNIPA (hereinafter referred to as RID) and the Wenzhou Intellectual Property Office of Zhejiang Province carried out a remote joint examination of a request for invalidation of a utility model patent. The next day, RID conducted an oral hearing of a case in which both parties were isolated at home in Wuhan through remote hearings.
During the critical period of combating COVID-19 epidemic, RID will make full use of the advantages of remote examinations and remote joint examinations to ensure that the trial of the epidemic prevention and control and invalidation request cases are carried out in an orderly and dedicated manner, so as to make every effort to solve problems for the parties to the case, and assist in resuming production. In recent years, RID has continuously improved the remote trial mode and accumulated a large amount of case trial experience. In this fight against COVID-19, through remote trial, the impact of the epidemic on the invalidation-related work of the examination is minimized to ensure normal operation of the examination work.
Through the examination mode such as remote examination, RID has more effectively solved the actual needs of the parties while improving the review efficiency.
Fractus and ZTE Reached a Settlement on Patent Litigation
Fractus S.A. announced that it has reached a patent litigation settlement with ZTE Corporation (Case No. 2: 17-cv-00561). The terms of the settlement agreement are kept secret.
In August 2017, Fractus S.A. sued ZTE, accusing the latter of infringing at least one of the seven patents it held, and these patents mainly covered the internal antenna technology for wireless devices. Related litigation has been cancelled based on the settlement reached by both parties.
From IPR Daily
3 Million Compensation for the Final Trial! Bulgari Wins Trademark Dispute in China
Recently, the Guangdong Higher People's Court (hereinafter referred to as Guangdong High Court) made a final judgment for the case Bulgari Co., Ltd. (hereinafter referred to as Bulgari Company) and Bulgari Commercial (Shanghai) Co., Ltd. (hereinafter referred to as Bulgari Shanghai Company) v. Hunan Desiqin Investment Co., Ltd. (hereinafter referred to as Desiqin Company), Shenzhen Desiqin Real Estate Co., Ltd. (hereinafter referred to as Desiqin Real Estate Company), Shenzhen Desiqin Industrial Co., Ltd. (hereinafter referred to as Desiqin Industry Company) for infringement of its trademark rights and unfair competition, and ordered three defendants to stop using names such as "Bulgari" in real estate operations, destroy signs, logos, and promotional materials containing relevant terms, apologize, issue a statement, and compensate total 3.1 million yuan for the plaintiff's economic losses and reasonable expenses.