News & Analysis as of

China Foreign Patent Applications

Linda Liu & Partners

Possible “Poisonous” Divisional Application for Foreign Applications Entering China and Solving Strategies for it

Linda Liu & Partners on

In filing cross-border patent applications, it is a general practice for foreign patent applicant to claim “right of priority” of the prior foreign patent application at the time of filing a Chinese patent application so as...more

Wilson Sonsini Goodrich & Rosati

Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to...

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines)...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Linda Liu & Partners

Money Saving Tips for Foreign Applications Entering China

Linda Liu & Partners on

Since the number of claim items of a patent application and the number of pages of the description and drawings directly affect the amount of work of the examiner, additional filing fees, i.e., excess claim fees and excess...more

Linda Liu & Partners

Experience Sharing on Claim Amendments on the Grounds of “Obvious Mistakes”

Linda Liu & Partners on

I. Background Introduction - In recent years, the number of foreign patent applications entering China exhibits a steady growth on a yearly basis. Foreign applications are required to be translated to Chinese in order to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends: International Design Law Continues to Evolve

Like 2020 before it, 2021 has been a year of change for global design protection. Countries like Korea continue to update their rules to deal with the realities of modern, virtual design. China enacted a big modernization to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Mintz - Intellectual Property Viewpoints

Understanding Chinese Voluntary Divisional Application Patent Practice

For many parts of the world, a voluntary divisional application (known as a continuation application in the U.S.) may be filed at any time during the pendency of any parent application. The claims in the voluntary divisional...more

Mintz - Intellectual Property Viewpoints

Overview of USPTO Webinar: Understanding Patenting in China

Patent protection in China has been a hot topic of discussion and strategy for U.S. companies. The U.S. Patent and Trademark Office (USPTO) China team within the USPTO's Office of Policy and International Affairs is a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - June 2020: Considerations When Appealing a Patent Application at the CNIPA

This article discusses aspects of ex parte appeals of patent applications before the China National Intellectual Property Administration (CNIPA). A patent applicant may appeal (submit a re-examination request) an examiner’s...more

International Lawyers Network

COVID-19 and Intellectual Property

Despite the COVID-19 closures and cancellations, some governmental intellectual property offices have not extended deadlines, so parties should remain mindful that protections for individuals and businesses should not be...more

Wilson Sonsini Goodrich & Rosati

Impact of COVID-19 on Patent Applications in China

As a follow-up to our Wilson Sonsini Alert on March 23, 2020, which discussed the United States Patent and Trademark Office's (USPTO's) response to the COVID-19 update, today we are providing a summary of the response from...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - December 2019: Prosecuting Bioinformatics Patent Applications in China

This article discusses challenges in prosecuting bioinformatics patent applications before the China National Intellectual Property Administration (CNIPA). The CNIPA determines the subject-matter eligibility of bioinformatics...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - December 2019

Prosecuting Bioinformatics Patent Applications in the United States, Europe, and China - The bioinformatics market is a multi-billion dollar industry, expecting to nearly double in a few years. However, seeking patent...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - September 2019: Submission of Post-Filing Data – The Dichotomy between Enablement and Obviousness in...

With the implementation of the America Invents Act and the United States moving to a first-to-file regime, there is greater time pressure to file patent applications than ever before. When patent protection in ex-US...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - September 2019

Use of Post-Filing Data to Support Patentability - The use of post-filing data to support patentability can be a mechanism to alleviate time pressures related to first-to-file patent regimes. However, the admissibility of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - July 2019: Foreign Filing Requirements in China

This article discusses foreign filing requirements in China. Assuming mainland China is the country of invention, the following questions are explored: (1) who needs to seek permission to file a patent application outside...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - July 2019

Survey of Foreign Filing Requirements in the United States, China, and Europe - Many governments require approval of technical subject matter described in patent applications in the form of a foreign filing license prior...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - September 2018: Third Party Observations in Europe, China, Japan, and for the PCT - To File...

Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - September 2018

A Survey of Third Party Observation Systems - Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more

Smart & Biggar

Getting your patent application into the fast lane: Canada’s patent prosecution highway

Smart & Biggar on

Canada launched its Patent Prosecution Highway (PPH) program a decade ago with the goal of fast-tracking patent examination and improving patent quality. Since its introduction, the PPH program has been an enormous success...more

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