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Newsletter - January 2025 - English and Chinese

Unitalen Attorneys at Law China


业界新闻:

立即申请:2025年产权组织全球奖表彰初创企业、中小企业和衍生企业

Apply Now: WIPO Global Awards 2025 Recognizes Startups, SMEs and Spinouts

2025年产权组织全球奖评选于115日开放,面向健康、环境、创意、农业食品和信息与通信技术(信通技术)等各行各业的初创企业、中小企业、高校衍生企业和其他小型企业征集申请。申请截止日期为2025331日。

The WIPO Global Awards 2025 contest opened on January 15, with a call for applications from startups, small and medium-sized enterprises (SMEs), university spinouts, and other smaller enterprises across various business sectors, including health, environment, creativity, agrifood, and information and communication technology (ICT). The application period ends on March 31, 2025.

由专家组成的独立评委会将评选出十家获奖企业,并于20257月产权组织大会期间在瑞士日内瓦产权组织总部举行的颁奖典礼上公布。今年的新亮点是将特别表彰由妇女和青年企业家领导的获奖企业。

An independent committee of experts will select ten winning enterprises, with the winners to be announced at an awards ceremony during the WIPO Assemblies in July 2025 at WIPO's headquarters in Geneva, Switzerland. This year, the program introduces a new feature: special recognition for winning enterprises led by women and youth entrepreneurs.

更多信息和申请指南请参阅:https://www.wipo.int/pressroom/en/articles/2025/article_0001.html

For more information and application guidelines, please refer to: https://www.wipo.int/pressroom/en/articles/2025/article_0001.html

(来源:WIPO网站)

(Source: website of the WIPO)

2023年世界五大知识产权局统计报告》发布!

IP5 Statistics Report 2023 Released!

2023 年世界五大知识产权局统计报告》由欧洲专利局(EPO)、日本特许厅(JPO)、韩国特许厅(KIPO)、中国国家知识产权局(CNIPA)和美国专利商标局(USPTO)五大知识产权局(简称五局)与世界知识产权组织(WIPO)联合编制。

The IP5 Statistics Report 2023 is jointly produced by the five largest intellectual property (IP) offices (hereinafter referred to as the "IP5 Offices"), which consist of the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the China National Intellectual Property Administration (CNIPA), and the United States Patent and Trademark Office (USPTO), along with the World Intellectual Property Organization (WIPO).

报告主要内容包括以下四个部分:一是五局情况介绍,主要介绍五局的最新发展情况,以及相关数据统计情况。二是全球专利活动,包含全球发明专利申请、授权、国家/地区间专利申请流向及同族专利等情况。三是五局专利活动,通过比较五局2022年、2023年专利申请、授权数据展示五局最新专利活动情况。四是五局和专利合作条约(PCT),介绍五局利用 PCT 开展专利活动的最新情况。

The main content of the report includes the following four parts: the first part is an introduction to the five offices, mainly introducing the latest development of the five offices, as well as relevant data statistics; the second part introduces global patent activities, including global patent applications for invention, authorizations, patent application flows among countries/regions, and family applications; the third part involves patent activities of the five offices, which, by comparing the patent application and authorization data of the five offices in 2022 and 2023, shows the latest patent activities of the five offices; and the fourth part is about the five offices and the Patent Cooperation Treaty (PCT), which introduces the latest situation of the patent activities of the five offices using the PCT.

附:2023年世界五大知识产权局统计报告》(英文版)

Attached: IP5 Statistics Report 2023 (English version)

(来源:中国国家知识产权局网站)

(Source: website of the CNIPA)

一带一路专利加快审查试点项目于2025120日启动

The BRIPC Pilot Program Commenced on January 20, 2025

一带一路专利加快审查试点项目于2025120日启动,为期两年,至2027119日止。试点启动以后,符合条件的参与国申请人可以按照《在一带一路专利加快审查试点项目下向中国国家知识产权局(CNIPA)提出加快审查请求的流程》向CNIPA提出加快审查请求。

The Belt and Road IP Cooperation (BRIPC) Pilot Program for Accelerated Patent Examination (hereinafter referred to as the "BRIPC Pilot Program") commenced on January 20, 2025, and runs for two years until January 19, 2027. Following the pilot program's launch, eligible applicants from participating countries can request accelerated examination with the CNIPA according to the Procedures to File a Request to the CNIPA under the BRIPC Pilot Program for Accelerated Patent Examination.

一带一路专利加快审查试点项目将为符合条件的共建一带一路国家的申请人在中国的专利申请提供更快速的审查。根据《中国国家知识产权局与土耳其专利商标局关于一带一路专利加快审查试点项目合作意向书》,土耳其专利商标局作为首个参与局参与本项目。

The BRIPC pilot program aims to provide faster patent examination of patent applications for eligible applicants from countries participating in the "Belt and Road Initiative" in China. The Turkish Patent and Trademark Office becomes the first participating office in this program according to the Letter of Intent for Cooperation on the BRIPC Pilot Program between the China National Intellectual Property Administration and the Turkish Patent and Trademark Office.

阅读:一带一路专利加快审查试点项目指南

Read more: the BRIPC Pilot Program Guidelines

(来源:中国国家知识产权局网站)

(Source: website of the CNIPA)

2024年中国专利调查报告》全文发布

Full Text of 2024 China Patent Investigation Report Released

报告公布了本年度调查主要结论和专题报告,详细展示了近五年连续调查数据及本年度全国调查基础数据,首次增加了试点省份调查数据。中国专利调查报告受到国内外广泛关注,调查结论被世界知识产权组织(WIPO)等引用,调查成果被《人民日报》、新华社等主要媒体多次报道。

The report presents the main findings and special reports of this year's investigation, shows in detail the data of the last five consecutive years of investigation and the basic data of this year's national investigation, and incorporates the data of the pilot province's investigation for the first time. The China Patent Investigation Report has received widespread attention at home and abroad. The investigation findings have been cited by the World Intellectual Property Organization (WIPO) and other organizations, and the investigation results have been reported multiple times by major media outlets, including People's Daily and Xinhua News Agency.

附:2024年中国专利调查报告

Attached: 2024 China Patent Investigation Report

(来源:中国国家知识产权局网站)

(Source: website of the CNIPA)

 

 

典型案例:

集佳代理客户伸缩接地装置实用新型专利侵权诉讼案,通过无效宣告迫使原告撤诉

Unitalen Represented a Client in a Patent Infringement Lawsuit Regarding a Utility Model of a Retractable Grounding Device, and Forced the Plaintiff to Withdraw the Lawsuit Through Invalidation

基本案情

Case Brief

客户青岛某公司是一家专业为油库、加油站及相关领域提供安全设备和技术服务的高新技术企业,公司现拥有静电报警、泄漏检测仪、液位仪、定量装车系统、油气回收在线监测、真空泵、潜油泵及安全防护等几大系列产品。202110月,客户青岛某公司在展会上推出了伸缩接地装置,并且对外进行了销售。

The client, a company in Qingdao, is a high-tech enterprise specializing in providing safety devices and technical services for oil depots, petrol stations, and related fields. The company now holds several series of products, such as static alarms, leak detectors, liquid level meters, quantitative loading systems, oil vapor recovery online monitoring systems, vacuum pumps, oil-submerged pumps, and safety protection. In October 2021, the client launched a retractable grounding device at an exhibition and made sales to the public.

本案中,北京某公司的涉案专利是一件已经过了保护期的实用新型专利权,其主张青岛某公司在专利权保护期内未经其许可实施其专利的行为违反了专利法的规定,遂诉请赔偿额50万元,并申请法院对被控侵权产品进行了证据保全和现场勘验。

In this case, the patent belongs to a company in Beijing and is a patent for utility model that has exceeded its protection period. The company claimed that the company in Qingdao violated the provisions of the Chinese Patent Law by exploiting the patent involved during the protection period of the patent without authorization, so the company filed a lawsuit seeking the amount of compensation of 500,000 yuan, and requested the court to carry out the evidence preservation and on-site inspection regarding the products sued for infringement.

受青岛某公司委托,集佳律师团队积极准备应诉。集佳律师发现,北京某公司曾凭借该超过保护期的涉案专利向多个其他公司主张权利。在涉案专利的实用新型专利权评价报告中明确记载:权利要求1不符合授权专利权条件权利要求1不具备专利法第22条第3款规定的创造性。而原告明确仅主张权利要求保护1,因此,集佳律师认为本案的原告是以实质上不具备创造性的权利要求主张权利,其应对的核心策略在于针对涉案专利提起无效宣告请求程序。

Entrusted by the company in Qingdao, Unitalen's attorney team actively prepared to respond to the lawsuit. Unitalen lawyers found that the company in Beijing had claimed rights against several other companies on the basis of the patent involved, which had exceeded the protection period. In the Evaluation Report of Utility Model Patent of the patent involved, it was clearly stated that "Claim 1 does not meet the conditions for grant of the patent right" and "Claim 1 does not involve an inventive step under Article 22.3 of the Chinese Patent Law". However, the plaintiff explicitly claimed only the right of Claim 1. Therefore, Unitalen lawyers considered that the plaintiff in this case was claiming a right to a claim that substantively does not involve an inventive step, and the core strategy for responding to this case was to file a request for invalidation against the patent involved.

在评价报告已有证据的基础上,集佳律师又充分地进行了补充检索,得到包括多篇专利文献和使用公开证据等。经过与客户密切的技术交流后,确定了无效请求的证据组合方案,并向国家知识产权局提出了无效宣告请求。经过口审,最终,国家知识产权局做出了无效决定,宣告涉案专利包括权1在内的多项权利要求无效。

Based on the existing evidence in the evaluation report, Unitalen lawyers fully conducted supplemental searches and obtained evidence, including several patent documents and public use. After close technical exchanges with the client, Unitalen lawyers determined the evidence combination strategy for the invalidation request and filed a request for invalidation with the CNIPA. After an oral hearing, the CNIPA ultimately made an invalidation decision, declaring that a plurality of claims of the patent involved, including Claim 1, were invalid.

至此,原告的权利基础不复存在,被迫撤回诉讼,集佳代理客户青岛某公司获得全面胜诉。

As a result, the plaintiff was forced to withdraw the lawsuit as the basis for its rights no longer existed, and Unitalen won the lawsuit for its client.

案件意义

Case Significance

虽然专利权到期后,任何人均可以自由实施专利技术,但是,法律并未解除对专利权保护期内的侵权行为的追溯可行性。因此,面对过期的专利权的侵权诉讼,企业亦不能掉以轻心,应尽早委托专业的律师团队针对性地检索分析,提起专利无效宣告请求,从根本上解决诉讼的风险。另外,本案给我们的启示在于,企业在维护自身知识产权正当行使权利的同时,也要防止知识产权的滥用,杜绝将公有领域的技术据为己有并借机谋利的行为。

Although anyone is free to implement the patent technology after the expiration of the patent right, the law does not lift the retroactive viability of the infringement behavior that occurred during the protection period of the patent right. Therefore, when confronted with the infringement lawsuit concerning the expired patent right, the enterprises should not lower their guard, and should entrust a professional attorney team to conduct a targeted search analysis as early as possible to file a request for invalidation against the patent, so as to fundamentally eliminate the risk of the lawsuit. In addition, the inspiration provided by this case lies in the fact that, while safeguarding the legitimate exercise of the intellectual property rights, enterprises should also prevent the abuse of intellectual property rights and eliminate the practices of appropriating technologies in the public field for their own use and taking advantage of the opportunity to make profits.

集佳新闻:

集佳蝉联2025年度WTR 1000金牌事务所 三位合伙人荣膺杰出个人称号

Unitalen Once Again Ranked Among 2025 WTR 1000 Gold Firms, Three Partners Awarded "Recommended Individuals"

近日,国际知识产权领域权威媒体《世界商标评论》(World Trademark Review,简称WTR)发布了2025年度WTR 1000 全球商标领域领先事务所名录,集佳知识产权凭借卓越的专业实力与业界的高度认可,再度荣膺中国区金牌事务所,获评商标申请和策略领域金牌事务所及商标保护和诉讼领域银牌事务所

The authoritative international IP media, the World Trademark Review (WTR), recently released the 2025 edition of WTR 1000 Global Leading Trademark Firms. Unitalen Attorneys at Law, with its outstanding professional strength and high recognition in the industry, continued to be ranked among the Gold Firms in China, and was awarded as the "Gold Firm" in the field of trademark application and strategy and the "Silver Firm" in the field of trademark protection and litigation.

同时,集佳合伙人黄莺律师赵雷律师秦丽丽律师凭借精湛的业务能力及良好的业内声誉,再次荣膺WTR 1000 杰出个人称号。

Meanwhile, Unitalen partners and attorneys, HUANG Ying, ZHAO Lei, and QIN Lili, won the WTR 1000 Recommended Individuals again with their exceptional service and excellent industry reputation.

集佳荣膺“2024杰出知识产权服务团队称号

Unitalen Awarded "Outstanding IP Service Teams 2024"

2025111-12日,“2025企业知识产权战略发展新年论坛暨知识产权经理人年会及颁奖盛典在北京盛大举行,集佳知识产权再获殊荣,荣膺2024杰出知识产权服务团队称号。

On January 11-12, 2025, the "2025 Enterprise IP Strategy Forum and Annual Conference of In-house IP Managers" and the award ceremony were grandly held in Beijing. Unitalen continued to win the award and was awarded "Outstanding IP Service Teams 2024".

集佳合伙人赵雷律师荣登2024中国5050岁以下知识产权精英律师榜单

Unitalen Partner and Attorney, ZHAO Lei, Recognized on the 2024 List of "50 Intellectual Property Lawyers Under the Age of 50"

202514日,在IPR Daily主办的亚洲知识产权人才盛典颁奖典礼上,2024中国5050岁以下知识产权精英律师U50榜单隆重发布。集佳合伙人赵雷律师凭借卓越的专业素养和良好的行业口碑,荣登U50榜单。

On January 4, 2025, the 2024 list of "50 Intellectual Property Lawyers Under the Age of 50" (U50) was ceremoniously released at the Asia IPR Talents Grand Ceremony hosted by IPR Daily. Unitalen partner, ZHAO Lei, attorney at law, was recognized honorably on the U50 list for his outstanding expertise and good reputation in the industry.

Unitalen Attorneys at Law



About the Firm

Unitalen Attorneys at Law

Address7th Floor, Scitech Place, No. 22 Jian Guo Men Wai Ave., Beijing, 100004 P. R. China
Tel86-10-5920 8888
Fax86-10-5920 8588
Contact PersonDeshan Li
Emailmail@unitalen.com
Linkwww.unitalen.com


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