Linda Liu & Partners

The amended Implementing Regulations of the Patent Law (the Implementing Regulations) was finally promulgated on December 11, 2023, and to come into force on January 20, 2024.

China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.

China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.

When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.

When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.

As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People's Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.

As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People's Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.

How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.

How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.

Today I am going to talk about How to Draft the Parameter-defined Product Claims in Chinese Patent Application.When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is common, if its definition or standard is unclear, or if the value of the parameter varies due to different measuring conditions, the specification should present the definition and/or measuring method.

Today I am going to talk about How to Draft the Parameter-defined Product Claims in Chinese Patent Application.When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is common, if its definition or standard is unclear, or if the value of the parameter varies due to different measuring conditions, the specification should present the definition and/or measuring method.

Today, let's talk about sending warning letters for possible patent infringement If you believe that someone is infringing your patent right in China, you may be angry and can't help to send him a warning letter(C&D letter) demanding him to stop the infringement. Sending a warning letter is indeed an option to stop infringement. However, you should be prepared before sending the warning letter or you might get unfavourable results due to haste.

Welcome to Linda Liu & Partners on air!Today's topic is about “Microorganism Patents in China”The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an animal nor a plant.Microorganisms and microbial processes are both patentable subject matter. Microorganism inventions are those relating to the production of a chemical substance (such as antibiotics) or to the decomposition of a substance through application of the microorganism.

Welcome to Linda Liu & Partners on air!Today's topic is about “Microorganism Patents in China”The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an animal nor a plant.Microorganisms and microbial processes are both patentable subject matter. Microorganism inventions are those relating to the production of a chemical substance (such as antibiotics) or to the decomposition of a substance through application of the microorganism.

China is one of the largest markets and has the most active consumer groups. As its population of middle-class is increasing and the society is stable, China is attracting more and more foreign investments. As one of the biggest consumer markets in the world, China has excellent industrial system. In China, the business environment is improving, and the intellectual property is being enforced more properly. In recent years, with continuous improvements on judicial environment of China's intellectual property protection, intellectual property, such as copyright, trademarks, and patents, became the weapon to win the competition and the tool to get privileged position for companies. Here are some benefits of patent filing in China for your reference.

Software copyright registration, as a certificate of software copyright ownership, is not mandatory but voluntary in China. However, software copyright registration can help prove copyright ownership in infringement actions and other disputes, administrative procedures, and commercial negotiations.Here is a list of the necessary documents for filing software copyright registration as well as the methods of submission of source code.

Today, let's talk about Patent Marking in China. China's regulations on patent marking mainly stipulate how to mark correctly, not to mislead the public, not to make false publicity, etc. There is NO compulsory provision stating that the patentee must mark the patented product either physically or virtually. Different from the US, in China, the patent marking is not a requirement for collecting damages for patent infringement. Generally, it is believed that marking the patent virtually in China may be helpful for the promotion (attracting Chinese investment) and protection of patent rights by informing visitors that improper use of the content on the website may constitute infringement.

Today, let's talk about Patent Marking in China. China's regulations on patent marking mainly stipulate how to mark correctly, not to mislead the public, not to make false publicity, etc. There is NO compulsory provision stating that the patentee must mark the patented product either physically or virtually. Different from the US, in China, the patent marking is not a requirement for collecting damages for patent infringement. Generally, it is believed that marking the patent virtually in China may be helpful for the promotion (attracting Chinese investment) and protection of patent rights by informing visitors that improper use of the content on the website may constitute infringement.

Welcome to Linda Liu on air. This is Peter Zhang.I'd like to discuss how to fulfil a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees (applicants) to foreigners.

Welcome to Linda Liu on air. This is Peter Zhang.I'd like to discuss how to fulfil a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees (applicants) to foreigners.

Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

In recent years, there appear not only many foreign applicants who have been constantly investing in China's patent assets, but also some big Chinese software companies applying for a large number of invention patents on algorithms or business rules and methods related to artificial intelligence, "Internet +", big data, and blockchain. Despite that the Chinese patent system is relatively friendly to software or algorithm patent applications, it is still necessary to have the knowledge of the subject matter eligibility of software patents covering AI algorithms, in order to successfully obtain patent rights in China.