News & Analysis as of

CNIPA

Mintz

Multinational Patent Deal Complications

Mintz on

Entering into a patent purchase transaction is complicated.  Not surprisingly, purchasing assets that include Chinese originated technology is even more complicated.  Before signing a deal, make sure the diligence period...more

Linda Liu & Partners

Invalidation Approaches and Specification Crafting Concerning “Parameter Features”

Linda Liu & Partners on

Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the...more

Linda Liu & Partners

A Preliminary Analysis of the Strategies That Can Be Adopted in Trademark Refusal Appeal Cases Where Trademarks Are Identical or...

Linda Liu & Partners on

China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National...more

Sheppard Mullin Richter & Hampton LLP

China’s Implementation of Patent Term Adjustment

On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending...more

Quarles & Brady LLP

The Moving Target of “Complete Design Units” in Chinese Law

Quarles & Brady LLP on

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more

Linda Liu & Partners

Suspension of Review for the Refusal Appeal of Trademark Application

Linda Liu & Partners on

In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official...more

Linda Liu & Partners

An Analysis of the Trademark Use Circumstances as a Defense against Misidentification Clauses --Trademark Sign Containing Terms...

Linda Liu & Partners on

In recent years, the examination of whether a trademark sign violates the misidentification clause in trademark authorization and affirmation cases has become increasingly stringent. The number of related trademark refusals...more

Linda Liu & Partners

How Do Trademark Registrants for OEM Production Respond to Cancellation based on Non-use for 3 Consecutive Years?

Linda Liu & Partners on

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more

Linda Liu & Partners

Examples of Patents for Computer-Aided Diagnostic Methods

Linda Liu & Partners on

The latest version of the CNIPA’s Guidelines for Patent Examination (hereinafter referred to as “the latest Guidelines”) came into force as of January 20, 2024. In comparison with the previous version of the Guidelines, there...more

Sheppard Mullin Richter & Hampton LLP

Highlights of Revised Regulations for Implementing Patent Law of China

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more

Kilpatrick

6 Key Takeaways - Cross-Jurisdictional Nonuse Actions

Kilpatrick on

Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New...more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

Quarles & Brady LLP on

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

Foley & Lardner LLP

Time Has Run Out for China’s 15-Day Mailing Rule

Foley & Lardner LLP on

As of January 20, 2024, applicants are no longer able to enjoy a 15-day grace period for most response deadlines pertaining to patent applications being pursued in the Chinese National Intellectual Property Administration...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China’s Patent Law 2023

Linda Liu & Partners on

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023

Linda Liu & Partners on

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Linda Liu & Partners

Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

Linda Liu & Partners on

The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

Linda Liu & Partners

The Similarity of Foreign Language Trademarks should be Judged Based on the Common Understanding of the Relevant Public in China |...

Linda Liu & Partners on

The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant...more

Linda Liu & Partners

The Time Node for Judging Whether the Prior Right Exists is the Date of Approval for Registration at the Latest | “象球” (Xiang Qiu...

Linda Liu & Partners on

When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired...more

Neal, Gerber & Eisenberg LLP

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.  Earlier this year, the China National Intellectual Property Administration (CNIPA) released a...more

Linda Liu & Partners

Application of Administrative Mediation in Disputes concerning Patent Infringement | Dispute over “Pneumatic Tire” Patent...

Linda Liu & Partners on

Case IV of Ten Typical Cases of 2019 on Administrative Protection for Patent Rights - Case Insight - In this case, the intellectual property administrative agency gave full play to mediation, based on ascertained facts,...more

Linda Liu & Partners

The use of pictures in product brochures may also constitute patent infringement| Dispute over tyre design patent infringement

Linda Liu & Partners on

Summary of the judgment - The defendant’s use of the picture of the tyre GST67 in its product brochure without the plaintiff’s permission during the validity term of the plaintiff’s patent constituted the act of offering...more

Linda Liu & Partners

Awarded Highest Amount of Statutory Damages | “Sewing Machine” Invention Patent Infringement

Linda Liu & Partners on

Judgment Gist - Three types of the allegedly infringing product CSM-9820-00/01/02 and the allegedly infringing product CSM-9820A fully encompass all of the technical features of claims 1, 2, 4, and 6 of the subject patent,...more

Linda Liu & Partners

Administrative Mediation in Patent Infringement Disputes | Dongguan Market Supervision Administration’s Handling of "Coin...

Linda Liu & Partners on

Market Supervision Administration of Guangdong Province "2021 Typical Cases of Intellectual Property Administrative Law Enforcement" patent infringement case No. 7 【Case Insight】 In this case, under the mediation of...more

Linda Liu & Partners

Method for Reviewing Prior Design Defense in Determination of Infringement on Design Patent | Tire Design Patent Infringement Case

Linda Liu & Partners on

In the event that the design of an allegedly infringing product is not identical to a prior design, in order to reach a correct determination on design patent infringement, a comprehensive judgment should be based on...more

Linda Liu & Partners

How did we reverse the second trial in our favor with evidence discovery order issued? | Patent infringement case of “the fitness...

Linda Liu & Partners on

Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more

127 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide