April 11, 2021

Volume XI, Number 101

Advertisement

April 09, 2021

Subscribe to Latest Legal News and Analysis

April 08, 2021

Subscribe to Latest Legal News and Analysis

China Sanctions Two Firms for Filing “Abnormal” Patent Applications

As reported by 知识产权界, two Guangdong firms were recently sanctioned for filing ‘abnormal’ patent applications. On January 18, 2021, the Guangdong Administration for Market Regulation sanctioned Shenzhen Dejin Intellectual Property Agency Co., Ltd. (深圳市德锦知识产权代理有限公司) for filing an abnormal Chinese application.  On December 28, 2020, the Guangdong  Administration Administration for Market Regulation also sanctioned Guangzhou Sino Patent and Trademark Office Co., Ltd. (广州新诺专利商标事务所有限公司) for filing 26 abnormal Chinese patent applications.  Abnormal patent applications usually refer to  multiple patent applications filed by the same applicant with obviously same content or patent applications that obviously copy prior art, existing patents and/or published patent applications.

Chinese Patent Applications

More specifically, Dejin was sanctioned for filing patent application number 201930664915.6 and other patent applications. The Guangdong Administration stated that “the content is simple replacement or patchwork of different materials, components, ratios, parts, etc., which seriously disrupts the order of patent work.”  However, Dejin was only warned and not fined.

In contrast, the  Guangdong Administration fined Sino 30,000 RMB (~$4,600 USD) for filing 26 abnormal patent applications. Details about why the applications were judged to be abnormal were not released. 

This continues China’s Blue Sky program to rectify the intellectual property industry.  However, it is unclear if warnings and relatively low fines will be sufficient to rectify the industry.

Advertisement
© 2021 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XI, Number 34
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Senior Attorney and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software,...

408-278-4059
Advertisement
Advertisement