Newsletter: Volume 9 (2021) Chinese IP Information

(English and Chinese)

  • The influence of the modified claims in the parallel invalidation procedure
  • Global Innovation Index ReportChina rises to No.12
  • IP legislation involving big data, AI and genetic technology will be accelerated in China
  • Overview of European patent applications by Chinese enterprises

The influence of the modified claims in the parallel invalidation procedure—(2020) Supreme People’s Court Final Administrative Judgment No. 93

The main takeaway of the trial

In the examination procedure for multiple invalidation requests of the same patent right, if the patentee modifies a claim in one of the procedures and the modification is accepted by the CNIPA, for the administrative case of patent right confirmation examined by pre-modified claim and caused by the decision being sued later, it is unnecessary to continue the trial without basis for examination.

In the meantime, the relevant decision sued later should be revoked by the people's court, but there is no need to order the CNIPA to make a new decision.

Case Introduction

In the administrative dispute case over the invalidation of utility model patent rights with the appellant Guy A. Shaked Investments Ltd. (hereinafter referred to as Guy Company, the patentee) and the appellee CNIPA, and the third party in the original trial, Shenzhen Nasiwei Electronics Co., Ltd. (hereinafter referred to as Nasiwei Company, the invalidation requester), the utility model patent named "Hair Straightening Brush" with the application number 201390000237.9 (hereinafter referred to as the patent) was involved.

The CNIPA made the No. 30338 Invalidation Request Examination Decision (hereinafter referred to as the sued decision), declaring the patent invalid.

The Guy Company refused to accept the sued decision and filed a lawsuit with the Beijing Intellectual Property Court (hereinafter referred to as the court of first instance), requesting an order to revoke the decision of the sued decision and ordering the CNIPA to make a new decision.

The court of first instance held that the basis for the trial of the sued decision was the claims at the time of the announcement of the patent authorization, however, the Guy Company revised the abovementioned claims in the other invalidation procedure for the patent, and the modified claims have been approved by the CNIPA. Therefore, the trial of the sued decision didn’t involve substantive meaning, and the litigation request of the Guy Company was dismissed by the judgment.

The Guy Company refused to accept the decision and appealed to the Supreme People’s Court, claiming that in the case in which the two invalidation decisions concerning the patent has not taken effect, the other invalidation decision of the patent did not cause any change for examination basis of the sued decision in this case. Therefore, the sued decision of this case shall be made substantive trial.

On December 3, 2020, the Supreme People's Court revoked the first-instance judgment and the sued decision, and rejected other appeals of Guy Company.

Typical meaning

In the second instance of the Supreme People’s Court, the Supreme People’s Court held that in the examination procedures for multiple invalidation requests involving the same patent right, if the patentee has modified the claims in one of the procedures, and the amendment conforms the provisions of the Patent Law, it shall be regarded as the patentee's waiver for the original claims.

The disposal of the patentee's rights will inevitably have a substantial impact on other uncompleted administrative procedures for the examination of invalidation requests involving the same patent right and subsequent administrative litigation procedures.

In the invalidation request procedure involved in the invalidation decision of the other case, Guy Company, as the patentee, revised the claims including that deleting claims 1, 4 and 9, and merging 4 and 9 into a new claim 1, with the corresponding revision of serial numbers and citation relationships of the rest claims, which have been accepted by the CNIPA.

The above-mentioned amendments constitute a waiver of the claims before the amendments, and it will definitely have a substantial impact on the invalidation request procedure that is currently in progress, that is, examination procedure for the invalidation request involved in this case.

In this case, the examination procedure for the invalidation request in this case should no longer continue the examination and make a decision based on the claims at the time of the publication of the patent authorization, that is, the claims before the amendment.

The invalidation decision of the other case was made on October 18, 2016, declaring that the patent rights were all invalid, and based on the claims at the time of the authorization announcement, that is, before the amendment, the CNIPA made the sued decision of the case on 19th of the same month, declaring the patent all to be invalid.

When the sued decision of this case was made, there was no need to continue the examination due to the nonexistence of examination basis, so the sued decision that has been made should be revoked, and the CNIPA had no need to make a new decision.

The trial basis of the first-instance judgment regarding the sued decision has changed, and the trial for the sued decision is no longer substantively correct, in view of that it has not handled the sued decision of this case, the sued decision shall be corrected.

From: The Intellectual Property Court of the Supreme People’s Court

September 7, 2021

Global Innovation Index ReportChina rises to No.12

On September 20, Beijing time, the World Intellectual Property Organization (WIPO) issued the 2021Global Innovation Index Report (hereinafter referred to as Report), which shows that China ranks 12th, up 2 places from 2020. The Report spoke highly of China’s progress in the innovation, and emphasized the importance of government decision-making and incentive measures for innovation promotion.

China, since 2013, has been steadily rising in the ranking of the Global Innovation Index for 9 consecutive years, with a strong upward momentum.

In the aspect of sub-item index, from the perspective of innovation input, China’s trade, competition and market scale, knowledge-based workers and other two categories of indicators are in a leading role in the world. In the aspect of segmenting index, PISA scale scores of reading, mathematics and science, domestic market scale, proportion of companies providing formal training, domestic industry diversification, average expenditure of the top 3 global R&D companies, average score of the top 3 QS universities, industrial cluster development, proportion of total capital formation in GDP, proportion of corporate funding GERD were all top-ranked ones.

The segmenting index including China's domestic patent and trademark applications, and the proportion of creative product exports in total trade have achieved the leading role in the world. In 2021, the broad index of knowledge communication has made remarkable progress, particularly the subdivision of the proportion of intellectual property revenue in total trade has made continuous progress, which indicates that China is gradually transforming from a major power of intellectual property introduction to a great power of intellectual property invention.

The Report shows that Switzerland has been ranked first for the 11th consecutive year, Sweden, the United States, the United Kingdom, and South Korea ranked second to fifth; China ranked 12th, ranking first among the middle-income economies, surpassing advanced economies such as Japan, Israel, and Canada.

Since the "Global Innovation Index Report" was issued in 2007, it has become a wind vane for measuring innovation and the cornerstone for governments to make economic decisions. More and more governments are conducting systematic analysis of their annual selection results and formulating countermeasures to improve its performance.


September 21, 2021

IP legislation involving big data, AI and genetic technology will be accelerated in China

China will speed up the legislation of intellectual property rights in big data, AI, genetic technology and other new fields and new formats, and establish and improve intellectual property protection regulations for new technologies, new industries, new formats and new models.

The other contents of the legal system are as follows: revising the patent law, trademark law, copyright law and protection regulations for new plant varieties based on facts, exploring the establishment of exclusive laws and regulations for geographical indications and industrial designs, and strengthening unified protection system for geographical indications with the coordination of special protection and trademark protection, improving integrated circuit layout design laws and regulations; carrying out the formulation and modification of laws and regulations in strengthening the protection of trade secrets, completing the improvement of the legal system for regulating intellectual property abuses, as well as the anti-monopoly and anti-unfair competition legislation related to intellectual property; amending the Law of the People’s Republic of China on Science and Technology Progress; researching and establishing then improving a special procedure legal system that conforms to the laws of intellectual property trials; comprehensively establishing and implementing a punitive compensation system for infringement, and increasing compensation for damages.

In the aspect of constructing IP regulations and systems with prompt response and reasonable protection in emerging fields and specific fields, besides establishing and improving intellectual property rights protection rules for new technologies, new industries, new formats, and new models, in the meantime, explore and improve the IP protection system in the field of Internet; study and construct data intellectual property protection rules; improve the intellectual property rights and legal systems with source opening; research and improve intellectual property rights protection regulations for algorithms, business methods, and artificial intelligence output.

In addition, enhance constructing the acquisition and benefits sharing system such as genetic resources, traditional knowledge and folk literature and art, promoting the collection and sorting, transformation and use of intangible cultural heritage. Drive the effective connection between traditional Chinese medicine and modern intellectual property systems. Further perfect the comprehensive protection system of traditional Chinese medicine intellectual property rights, build a special examination and protection mechanism for traditional Chinese medicine patents, promoting the inheritance and innovation of traditional Chinese medicine.

From: China News Net

September 22, 2021

Overview of European patent applications by Chinese enterprises

For a long time, many Chinese enterprises have invested in European multi-country markets, and they effectively protect independent innovation technologies through European patents, which is a strategic component of them.

Pursuant to the "Annual Report 2018-Statistics List" issued by the European Patent Office, China ranks sixth among the source countries for European patent applications.

Fig.1 European patent applications by China from 2000 to 2018

Main Technical Fields for European Patent Application

Table 1 The top 10 International Patent Classification (IPC) technical fields of European patent applications from 2000 to 2015

With the European Patent Gazette search tool, we searched the IPC of patent applications filed in 2000, 2005, 2010 and 2015, and analyzed all patent applications filed in 2000 and 2005 as well as the first 1,500 patent applications filed in 2010 and 2015.

Fig.2 The evolution trend of the top 10 International Patent Classification (IPC) in European patent applications from 2000 to 2015

It can be seen from the main technical fields related to the international patent sub-categories listed in Figure 2 that the patent applications related to the field of information and communication technology take a dominate place. In accordance with the search of the top-ranked sub-category A61K (medical, dental or cosmetic preparations), the number of European patent applications related to the pharmaceutical industry is relatively high. Due to its correlation with the invention of new active pharmaceutical compounds, the said sub-category is usually for patent application with the sub-category A61P and the sub-category C07D.

Fig.3 The ranking of top 10 Chinese applicants in the European Patent Office from 2000 to 2015

Figure 3 lists the top 10 Chinese applicants for European patents. Through the statistics of the European Patent Bulletin Search Database, analyze the patent applications filed by each Chinese applicant in 2000 and 2005 and the first 1,500 patent applications filed in 2010 and 2015. Among them, the patent application data of the top 3 Chinese applicants-Huawei, ZTE and BOE, strongly confirms that patent applications related to information and communication technology, telecommunications and Internet of Things technology take the lead in European patent applications. The number of patent applications of the top 10 Chinese patent applicants accounted for 77% of the total number of patent applications in the same period.

As a subjective issue, the evaluation of the quality of patent applications needs to clarify the quality indicators used. In this study, we analyzed the authorization proportion, rejection proportion, and withdrawal proportion of European patent applications filed in certain years. In order to learn about the quality variation trend of European patent applications from China, we analyzed the patent applications filed by Chinese patent applicants in 2000 and 2005 and the first 1,500 patent applications filed in 2010 and 2015, so that from the European Patent Bulletin Database, we collected data results about the patent application authorization rate, patent application rejection rate, patent application withdrawal rate, and patent application regarded as withdrawal rate , as shown in Fig.4.

Fig.4 Evaluation results of quality index for European patent applications originating from China in 2000, 2005, 2010 and 2015

In combination of the above data, it shows that the quality of European patent applications from China has been improving since 2000, in which compared with 2000, the patent authorization rate of Chinese applicants in 2015 increased by 21%; in the same period, the total proportion of decisions related to withdrawal decreased by 61%, it means that the quality of European patent applications originating from China has been significantly improved.


We can learn from the European patent application data field by Chinese enterprises as patent applicants that Chinese patent applicants are increasingly applying European patent applications to provide more sufficient patent protection for their technologies. Most importantly, the study indicates that the absolute index rate of Chinese applicants related to European patent authorization is showing a continuous upward trend, which benefited from China’s strong investment in the talent teams (for example, patent attorneys and patent examiners, etc.) required by the CNIPA to build and maintain the effective implementation of the patent system, as well as the vigorous Chinese enterprises continuously exploring overseas market Chinese companies. Chinese enterprises are now developing their technical protection solutions in specific technical fields, especially in the fields of digital communications and computer technology.

From: China IP

September 24, 2021

  • 平行无效宣告程序中权利要求修改的影响
  • 《全球创新指数报告》:中国升至第12
  • 中国将加快大数据、人工智能、基因技术等知识产权立法
  • 中国企业的欧洲专利申请概






上诉人盖组织管理及投资股份有限公司(Guy A. Shaked Investments Ltd.)(以下简称盖组织公司,专利权人)与被上诉人国家知识产权局、原审第三人深圳纳斯威电子有限公司(以下简称纳斯威公司。无效请求人)实用新型专利权无效行政纠纷案中,涉及申请号为201390000237.9、名称为“头发矫直刷”的实用新型专利(以下简称本专利)。

上半年,我国发明专利授权 33.9 万件。



































1 2000年至2018年间源自中国的欧洲专利申请量


1 2000年至2015年间欧洲专利申请中前10项国际专利分类(IPC)所属技术领域


2 2000年至2015年间欧洲专利申请中前10项国际专利分类(IPC)的演变趋势


3 2000年至2015年间欧洲专利局十大中国申请人排名情况



4 在2000年、2005年、2010年和2015年源自中国的欧洲专利申请质量指标评估结果





About the Firm

Ge Cheng & Co Ltd.
Address Level 19, Tower E3, The Towers, Oriental Plaza, No 1 East Chang An Avenue, Beijing 100073, China.
Tel 86-10-8518 8598
Fax 86-10-8518 3600
Email ,

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