To protect the legitimate rights of patent holders, China introduced a patent term compensation system in the fourth amendment of the Patent Law.
In China, GUI design is protectable under patent law, marking a significant evolution in how we safeguard digital innovation.
Filing a design application under the Hague system is a relatively convenient and efficient foreign filing method for design patents. Applicants file a single application with WIPO, designating the countries where they want protection. This is more efficient than separate applications in each country. China joined the Hague System in May 2022. With China now a contracting party, Hague application filings designating China are increasing. Some of these have already been granted protection. For applicants using the Hague route for China, three key documents are important to track.
For international trademark application through the Madrid System, receiving a certificate from the International Bureau doesn't mean successful trademark registration but indicates that the application meets the necessary requirements. CNIPA does not provide registration certificates after the approval of a Madrid international application. This situation raises an essential question: How can you validate your exclusive trademark rights when enforcing them in China? The answer lies in obtaining a certified copy of a trademark registration certificate in China.
The amended "Guidelines for Patent Examination", which came into effect on November 1, 2019, added a section "8. Sequence of Examination" to Chapter 7 of Part V. In this section, two special circumstances of "priority examination" and "deferred examination" are further stipulated. These two situations happen to be one fast and one slow. Priority examination is a procedure for accelerating the examination of patent applications that meet the conditions; on the contrary, deferred examination is a procedure for postponing the examination of invention applications and design applications at the request of the applicant. This article will tell you what is delayed review.
Please note! Although the corresponding examination standards of Chinese partial design patent have not been published yet, but related grant announcements have already emerged. This indicates that the applicants who want to file the partial design in China but have concerns about the unknown Examination time can dispel their worries now and file the partial design when they are ready.
In recent years, multinational corporations have faced trademark challenges in strategic markets, with Apple being no exception. Despite their meticulous brand management, Apple encountered trademark registration issues with the latest released product Vision Pro in China.
CNIPA has been committed to protecting the rights of trademark holders and preventing malicious trademark registration. Recently CNIPA issued a notification regarding malicious registration, which has become a growing concern for businesses and trademark holders.
With the widespread application of virtual reality and artificial intelligence in our life, the protection for the graphical user interface has also received more attention. GUI design patents have been recognized as a type of design patent in China since 2014, and they are protected under the same legal framework as traditional design patents. This article will provide a brief introduction to the protection of Graphical User Interface (GUI) design patents in China.
Background According to judgement released on June 17 by Beijing Higher People’s Court, Huawei Technologies won the ‘H’ logo trademark dispute with US sports equipment brand Under Armour.
A trademark opposition case has aroused people's attention. A famous cosmetic brand filed an opposition against a trademark in class 14 for the reasons that the trademark is identical to the founder and owner's name, Jeffree star. Jeffree star is a well-known YouTuber, makeup artist, and entrepreneur. He founded the cosmetic brand in 2014. Through his promotion, he got success.
When facing a trademark dispute, many companies may choose to file an invalidation request rather than file a cancellation request to protect their interests. But this time, ANNA SUI CORP. filed a request for the cancellation to trademark “ANNA SUI” in class 43, which has aroused people’s attention.
Most of the countries have trademark opposition procedure. However, some countries and areas adopt “examination after publication completed”, and some adopt “publication after examination completed”, like Mainland China and Hong Kong. Though Hong Kong is a part of China, the trademark system has differences between Mainland China and Hong Kong. We will make a brief comparison about trademark opposition procedure.
Intellectual property, as a kind of property right, has the value of use and exchange . With the increase of the value of intellectual property rights, more and more attention to intellectual property rights guarantees will be paid by society.
A trademark divisional application is often filed when the applied trademark is partially refused on the part of the designated goods/services. The divisional application aims to divide the original application into two, of which the approved application can be published for opposition first, and the refused part will be independently reviewed if the applicant files an appeal.
According to Article 64 of the Chinese Patent Law, the extent of protection of the patent right for design shall be determined by the design of the product as shown in the drawings or photographs, and the brief explanation may be used to interpret the design of the product as shown in the drawings or photographs.. Except for the typical orthographic projection of six-sided views, there may also be several other views for a design patent application: view of the state in use, varied states view, and reference view of the state in use. Not all above said views or photos can be used to determine the protection scope of the design patent. In practice, the view of the state in use and the reference view of the state in use are often confused. However, the reference view of the state in use is not the same as the view of the state in use.
Facebook announced to rebrand its parent company name into “Meta” last year, implying this tech giant’s new development trend to metaverse. Before the official announcement of the new name, the word and graphic combination has been applied for trademark registrations in China in all 45 Nice Classes under a Hong Kong company. Before launching a brand in China, there is actually a lot of preparatory work to be done on the trademark.
We all know that China allows multiple designs in the same design patent application, which mainly include the following three types: 1) similar designs of the same product, 2) designs of the products in set and 3) designs of the combination product. This article will introduce in detail what are products in set and the related requirements of designs of the products in set.
The main purpose of patent priority is to give the same applicant a security period for filing a patent application on the same subject in different countries, excluding the possibility for plagiarists to file a preemptive application and obtain a patent.
The amended Chinese Patent Law has been implemented since June 1, 2021, but the relevant Implementation Rules of the Patent Law and Guidelines of Patent Examination are still in the process of revision. To ensure the implementation of the amended patent law, CNIPA has formulated some interim measures, so that patent applicants and other relevant personnel can handle related businesses.
In China, the examination and approval procedures for invention patent applications include five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model and design patent applications undergo three stages of acceptance, preliminary examination and authorization. However, in the patent application process, we not only need to know these stages, but also the more detailed legal status.
Chemistry is generally based on experiments and is a typical unpredictable scientific field. For the description of chemical inventions, general inferences or simple descriptions is not enough. When preparing a patent application, the requirements of sufficient disclosure is necessary and particularly important in China.
With the development of the global economy, more and more enterprises have expanded their business to overseas markets. To protect their own products and defend themselves against infringements, the number of patent applications by companies in overseas countries is increasing. Thus, how can the applicant easily understand the status of the applied patent and the situation of the annual fee in the process of actual operation?
“Issey Miyake”, a fashion brand, was found by Mr. Issey Miyake, who is the master of clothing and famous for the special design of the clothing. Numerous people know about the design of this brand. In China, the translation of Issey Miyake is Sanzhaiyisheng and it enjoys frame.
Many people are familiar with “COSTCO” when it comes to stores. It is known as wholesale clubs in the USA. With development, COSTCO locations around the world and has its own brand. For these reasons, COSTCO pays more attention to trademarks. Recently, a trademark opposition filed by COSTCO has aroused people’s attention.
When you search a patent, for some reasons, you may want to know more detailed documents of the patent, and many documents are usually not directly accessible. At this time, you can use the consultation and photocopying of patent application documents service of the Patent Office.
An invention patent has a statutory confidentiality period of 18 months from the date of filing, which is a common practice in most countries around the world. PCT international patent applications, Chinese invention patent applications, and US patent applications are all follow this regulation. But for some reasons, the applicant may want to publish his/her application earlier, most countries will also provide such an option of early publication.
In the process of a Chinese patent application, there are often some important time points hidden for the applicant to submit the initiative amendments or make rectification, etc. And reasonable use of these time points can often save some losses in the process of patent application.
In order to cope with the revision of China's Patent Law and its implementation rules, the China National Intellectual Property Administration (CNIPA) recently published the " Revised Draft of Patent Examination Guidelines (Draft for Soliciting Comments)", the revised content of the Guidelines is mainly the supporting provisions of the Patent Law and its implementation rules.
China National Intellectual Property Administration published a notification on October 9, announcing that the method of issuing trademark registration certificates will be changed officially on January 1, 2022.
Macau is one of two Special Administrative Regions (SAR) of the People's Republic of China. Registering your patents in China Mainland and Hong Kong doesn't give you protection in Macao, so it’s necessary to file Macau Patents if you want to obtain patent protection in Macau.
Many applicants want to make amendments in accordance with the claims of the corresponding foreign patent(s) when responding to the office action(s) of Chinese patent, especially when these corresponding patent(s) have been or are to be granted.
When receiving a notification of refusal for a trademark application, many applicants may choose to file an appeal arguing the significant difference between the applied trademark and cited trademark. However, the unilateral argument cannot always persuade the examiners even though the differences do exist.
Patent search is an important part of patent application and analysis. It plays an important role in protecting patent authorization, improving patent value, preventing infringement, and early warning analysis.
Patent right is the exclusive right that the owner of an invention-creation enjoys in accordance with the patent law which is a kind of intangible property rights. For patentees or producers, it is necessary to understand the relevant legal provisions of infringement to protect their rights or avoid the risk of patent infringement and know the infringement conditions and relevant infringement or non-infringement acts.
Taiwan has its own patent system and patent laws. And the patent application authorized by the China National Intellectual Property Administration (CNIPA) does not automatically obtain protection in Taiwan.
The patent exploitation license refers to the owner of patented technology, or its granted person permits other peoples to exploit his patent in a certain period of time, a certain area and a certain manner, and charges licensee for use. The patentee is the licensor, and the person allowed to exploit is the licensee.
A recent intellectual property case saw an applicant have to abandon three Chinese invention patent applications. The applications were deemed to lack novelty while his reference documents were published in advance by the applicant. Subsequently, he had no choice but to accept the decision and abandon the patent applications.
As intellectual property protection is generally territorial in nature, applying for registration of a design in Mainland China or elsewhere in the world does not automatically give registered design protection in the Hong Kong Special Administrative Region. Therefore, if someone intends to manufacture, import, sell or offer for hire his design product (or license someone else to do so) in the Hong Kong SAR, he will need to register his design in the Hong Kong SAR.
For companies and individuals, no matter when they files a design patent for their own products or when their own design patents are declared invalid, it often involves the determination of whether the patented design and the comparative design are substantially identical.
Although the duplicate copy of patent certificate and the duplicate copy of the patent register are both patent-related copies, there are obvious differences between them.
Intellectual property rights are getting more and more attention, and they say that “the product is not moved, the patent comes first”, which also shows the importance of using patents to protect your own technology, but due to various reasons, you may encounter a situation where you did not file a patent for your technology in time, while others use the patent to sue you for infringement.
Jimmy Choo, a global luxury fashion brand, is favored by many celebrities. Lots of people know about this brand because of women's shoes. Women's shoes are the core product of this brand. To protect its interests, Jimmy Choo is cautious about the safety of its trademarks in class 25. They are always taken action against the trademarks contained "CHOO."
For most companies running business in China, they may firstly consider registering their brand as a trademark to avoid copycats and fake products but may not pay much attention to copyright registration for its logo. In fact, both a trademark and copyright are available for the right owners to protect their brand though they’re different system. Knowing the differences between them helps you to better build up the IP protection systems and avoid most risks of infringement.
During the search and examination stage of an international application, if the International Searching Authority (ISA) determines that the international application lacks unity of invention, the examiner will notify the applicant and issue the Invitation to Pay Additional Fees which indicates the number of additional inventions and fee per additional invention and the total amount that should be paid.
Under the laws available in China, Intellectual Property right (hereinafter referred to as IPR) holder records IPR at the General Administration of Customs of the Peoples Republic of China (hereinafter referred to as GACC) is an effective w
It has become more and more important for the inventors to protect their creations in China. The patent system in China is young, and comparing with the developed countries, it still has great room to improve. After the establishment of PRC
As one of the most important market in the world, the trademark applications in China are increased year by year, according to the data published by CTMO, in 2015, there are approximately 2.8 millions of trademark applications in China.
Copyright is one of the most important parts of intellectual property law, and as China is a civil law country, so the copyright can be considered as the generic name of right of personality and property rights in a work.
With the development of society and the strengthening of peoples legal consciousness, the company and investor are facing more and more disputes on Trademark and Patent matters. In recent years, you may see many such hot cases, such as, the
What is a slogan? Asloganis a memorablemottoorphraseused in aclan,political,commercial,religious, and other context as a repetitive expression of an idea or purpose, with the goal of persuading members of the public or a more defined target
In the patent system of China, we have three types of patent, i.e. invention patent, utility model patent application and design patent. Well introduce the invention patent and design patent application in other articles but only focus on u
The State Intellectual Property Office of China has drafted "Regulations on Regulating the Registration of Trademark Applications (Draft for Comments)" and its explanations. People from all walks of life could raise their opinions of the dra
On July 30, 2019, the Regents of the University of California (UC) filed a complaint against five major retailers, including Amazon, Walmart, Target Corp, Ikea AB, and Bed Bath & Beyond Inc, for the unauthorized distribution of UC Santa Barb
Dual filing regime in China Dual filing of invention patents and utility models is possible under Article 9 of the Chinese Patent Law, with a dual filing statement specified in the application forms of the two applications. The applications
At present, patent infringement compensation is subject to the compensatory damages (Article 65 of the Patent Law), that is, the compensation obtained by the right holder is used to make up for his actual losses and cannot exceed his actual
Recently, an online National Day campaign was launched by Tencent, adding the national flag on the Wechat profile picture. Afterward, a blogger put forward his view that it is illegal to use the national flag as a Wechat profile picture. So
The administrative protection of patent rights refers to the protection given by the state administrative organ to the patentee whose patent right has been infringed. Patent administrative protection has the advantages of simple procedure, c
【Background】 The epidemic of new coronavirus pneumonia has received continuous attention. On February 4th, Wuhan Institute of Virology, Chinese Academy of Sciences announced on its official website that its research results based on the
Recently, the China National Intellectual Property Administration (CNIPA) released the Announcement on Matters Related to Electronic Patent Certificates and Electronic Seals of online filing of patent (No. 349) . The announcement states tha
When you came up with an idea to implement a business model and put it into practice, did you think about protecting it? Or even patent it for protection? In April 2017, CNIPA (i.e. the Chinese patent office) revised its patent examination g
When I first saw the publication of a trademark named 长生鸟fenix, I was really in shock. I had never seen a trademark can be published in such a short time in my career, Jessie Chan said, a trademark lawyer in our team. The trademark me
To provide applicants with more examination mode choices, the examination term can be better coordinated and matched with the market operation of patents to meet the diverse needs of innovative entities. The Guidelines for Patent Examinatio
Abstract: The trademark in dispute is in class 25 with registration No.6020578 registered by Qiaodan Sports. It contains an image - a basketball player in midair attempting a layup, and two Chinese characters 乔丹. This trademark was requ
BACKGROUND On February 21, 2011, a Chinese, Zhu Dongliang, hereby referred as to the defendant) filed the trademark application for Weimi and registration was indeed granted with the number 9132008 on class 3, covering goods of cosmetics, e
Affected by COVID-19, the probability of a delay of the time limit in patent application is higher. To facilitate the parties to go through the relevant procedures for restoring their rights, CNIPA issued Announcement No. 350 where the part
With the development and popularization of the Internet, kinds of information published on the Internet have become a new form of statutory evidence. According to the provision of the Patent Examination Guidelines , the information existing
Recently, the USPTO (the United States Patent and Trademark Office) has published a petition decision explaining that, under current law, only natural persons may be named as an inventor in a patent application. It made clear that AI cannot
When someone holds his/her patent to warn you, when someone gets a patent based on your creation, the usual measure you can take is to initiate a patent invalidation procedure for this patent, but the invalidation procedure requires a lot of
In the practice of substantive examination for inventions in chemistry or medicine, the technical effects often depend on experimental data. However, in many cases, it is difficult for the applicant to search for all the prior art before fil
In terms of regulations for trademark infringement in China, i.e., the Trademark Law , it rules that the amount of damages for infringement shall be determined according to the actual losses and the benefits acquired by the infringer. The re
Its hard to believe that the known trademark Facebook is invalidated in China. TRAB (China Trademark Review Adjudication Board) recently approved a request for the invalidation of the trademark Facebook No. 6389503, which registered by Faceb
Canceling trademarks of non-use for three consecutive years is a procedure that plays a vital role in the Trademark Law . Every country has a similar or the same procedure where it targets for removing non-use trademarks and urging the trade
The revised Chinese Guidelines for Patent Examination came into effect on November 1, 2019. This revision includes the amendments to the relevant provisions of the divisional application. This article will introduce the divisional applicatio
With the continued growth of the number of invention patent applications, National Intellectual Property Administration (CNIPA) has greatly shortened the examination term of invention patent application in China. In first half of 2020, the a
Recently, the Standing Committee of the National Peoples Congress reviewed the Amendment to the Patent Law of the Peoples Republic of China (Second Review Draft). The review draft made it clear that any new design of the shape, the pattern,
Design patent applications or industry design applications in different countries have different requirements for the text description in the application. For example, the US design patent application needs to include a description of each v
The Madrid System is a convenient and cost-effective solution for registering and managing trademarks worldwide. Applicants only need to file a single application and pay one set of fees to apply for protection in the designated contracting
China adopts an early publication and delayed examination system for invention patent applications. After the patent application is published, it is possible for a third party to know and implement the content of the invention. So during the
When you want to have a trademark for your business, the first thing in your mind might be to register a trademark. But it is also available to acquire the trademark by trademark assignment and trademark license. What is a trademark license?
The China National Intellectual Property Administration (CNIPA) published the Trademark Infringement Judgment Standard (hereafter referred to as Standard ) on June 15, 2020, which is a guideline for the administrative department in a tradem
Sometimes, after filing the invention patent application, you may find some defects in your application documents, or want to amend or add some content. At this point, you may adopt the following measures to amend the invention patent applic
As the integrated circuit industry is a key strategic industry developed and supported by countries around the world in the 21st century, the protection of integrated circuit layout design is particularly necessary. This article will introdu
After filing an application, as the applicantor inventor,sometimes you may want to change the recorded name for various reasons such as transfer of patent rights, change of nameor the wrongfillofname. In these occasions,what can youdo to co
The Government Service Platformof t he Peoples Republic of China National Intellectual Administration (CNIPA)providesthree patent query systemsfor the public to search for patents and obtain information andpublicationtextofpatentsincluding
Different from the trademark system in the United States, there is no need to provide use of evidence when filing the trademark application or SOU to obtain the registration in China. Although the applicant doesnt need to provide the use of
For a Chinese national trademark, the opposition window opens after the substantive examination completed. CNIPA will issue a Notification of preliminary approval of the trademark application and publish the trademark application on the Tra
Trademark is just as important to a legal entity as a trade name. If you set up a company, the first thing may be getting the trade name registered in the company registry and then to have a trademark for your business. Sometimes, it is con
Different countries have different standards for the Drawings or Photographs for design patent applications. As applicants, how to prepare Drawings or Photographs under the present patent law for design patent application in China? I. Legal
For trademark applicants who want to apply for trademarks with geographical names in China, they may meet difficulties because geographical names, such as names of foreign countries, cities, counties, or areas are prohibited to be used as a
Examination opinionsmay be issuedwhere the CNIPA believes the trademark applicationviolating the Trademark Law, but if there is possibility of complying with the exceptional rules or other similar circumstances, the examiner willaskthe appl
Recently, there is a trademark dispute case attracting peoples attention, and it is about the famous mobile game glory of king which is registered by a wine company. BACKGROUND In China, everybody knows the glory of king is created by Tence
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021 adds an applicable circumstance of non-loss of novelty. This article will introduce the applicable circumstances of non-loss of novelty and h
In order to solve the problem of information asymmetry between the supply and demand sides of patented technology, enable any company or individual to easily obtain patent licenses, reduce patent transaction costs, and increase the rate of
To stay current with the latest technologies and to promote the development in digital innovation, TIPO (Taiwan Intellectual Property Office) reviewed design patent legal regimes and published the partial amendment to Chapter III: Substanti
On October 17, 2020, the fourth amendment of the Chinese Patent Law was finally passed and will come into force on June 1, 2021. The main content of this revision is to safeguard the legitimate rights and interests of patentees, enhance the
In order to resolve patent disputes related to pharmaceutical registration and marketing, China has begun to explore the establishment of a pharmaceutical patent linkage system since 2017. China and the United States signed the phase one ec
Trademark opposition procedure is applied to published trademarks that passing the substantial examination by the Trademark Office. Regarding a Chinese national trademark application, if any party wishes to oppose a trademark application, t
In recent years, with the rapid development of the Chinese economy and technology, the number of patent applications and authorizations in China has continued to grow and come out among the top in the world. In 2019, China continued to rank
Recently, Jiangsu Jiangyin Electrical Alloy Co., Ltd. successfully pledged its trademark with the help of the Wuxi Market Supervision Bureau and got a 100 million loan from ICBC. Many enterprises have seen this news, and some of them are co
The fourth revision of the Chinese Patent Law , which will be formally implemented on June 1, 2021, has made many substantial changes to the existing patent system, which have important and far-reaching effects. Among them, in order to furt
The protection of intellectual property rights in China is mainly carried out by the special laws of intellectual property rights. The laws involving intellectual property rights, such as Copyright Law, Patent Law and Trademark Law, will ma
According to statistics, the number of Chinese trademark applications in Class 35 was 1,086,919 in 2019, about 13.68% of the total. Up to October of 2020, the number was 773,639, about 13% of the total. The number of trademark applications
The challenging 2020 has passed. 2021 will be a new year full of hope, during which many new intellectual property policies will be implemented in China? Next, follow the footsteps of the editor to look. JANUARY The Civil Code of the People
The patent reexamination system refers to a remedy provided to the applicant when the patent application is rejected. The patent reexamination system is an important system in patent applications, but there may be many applicants who do not
The function of a trademark is to identify the source of goods or services in commerce. Once a trademark is registered, the owner should use it on the approved goods or services in the commercial. Otherwise, it will be likely canceled by tr
Recently, the Beijing Intellectual Property Court affirmed the invalidation of the trademark 绿灯侠(Green Lantern) applied by a Chinese lamp factory because the trademark violated prior rights and interests enjoyed by Warner Bros. Entert
Recently, the Beijing Intellectual Property Court concluded an unfair competition dispute in the second instance concerning the use of Ads blocker to watch a paid video. Summary of the case Shenzhen Wankaida Technology Co., Ltd. developed a
Most of the trademarks are registered for business, while some are for sale. It has become a typical business that people buy and sell trademarks as a product worldwide. As a private right, it is legitimate to buy or sell trademarks in good
Once the trademark is approved for registration, anyone can file an invalidation against the registered trademark according to the absolute and relative grounds. The trademark examiner will determine whether the registered trademark violate
On November 16, 2020, the Supreme Peoples Court of the Peoples Republic of China issued the Several Provisions of the Supreme Peoples Court on Evidence in Civil Procedures Involving Intellectual Property Rights (hereinafter referred to as t
WIPO recently released the latest statistics on intellectual property data for 2020. In term of volume, invention patent filing around the word numbered 3.2 million, applications for utility models-a special form of patent right-grew by 9.1
Before the fourth amendment of the Patent Law, the protection term of Chinese pharmaceutical patents was the same as that of other invention patents, both of which were 20 years. However, due to the natural modal of the RD of clinical trial
As a unique property, a trademark can be assigned from one to another. In China, both registered trademarks and pending applications are transferable, but there are formalities and tips that you should know before handling trademark assignm
In order to carry out the spirit of Chinese leaders instruction on strengthening intellectual property protection, respond to the demands of the rapid development of economy and technology for the examination rules actively, and improve the
Since the outbreak of the Covid-19, many companies have faced operating difficulties, and most of them choose to cut wages and layoff, and reduce expense etc., to reduce operating costs. For companies with a large number of patent applicati
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