December 6, 2022

Volume XII, Number 340


December 06, 2022

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December 05, 2022

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Excerpts from the September 2022 CNIPA Press Conference

In a September 6, 2022 press conference, the China National Intellectual Property Administration (CNIPA) discussed the release of the results from the 2021 National Intellectual Property Protection Social Satisfaction Survey.  During the press conference, CNIPA officials discussed patent linkage cases, administrative adjudication cases and abnormal (irregular or fraudulent) patent applications. Excerpts follow.

Zhang Zhicheng, Director of the Intellectual Property Protection Department of the CNIPA:

One year after the implementation of the new Patent Law, the CNIPA has concluded 28 administrative adjudication cases for early resolution of drug patent disputes, and it took less than four months (excluding the suspension time) to conclude the first two administrative adjudications of major patent infringement disputes case.

Since the reform of the approval for the use of special signs for geographical indications was launched, relevant matters can be completed within 7 working days at the earliest. 

In 2021, foreign applicants’ invention patent authorizations and trademark registrations in China increased by 23% and 5% year-on-year respectively.

Wang Songlin, Deputy Director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation:

In 2021, market supervision departments across the country investigated and dealt with more than 50,000 illegal cases in the fields of trademarks and patents.

He Yuefeng, Deputy Director of the Department of Treaty and Law of the CNIPA:

In terms of promoting the improvement of patent quality, our office is actively promoting the revision of the “Several Provisions on Regulating the Behavior of Patent Applications.” As an important legal basis for confirming and handling abnormal patent application behavior, the revised regulations will more effectively deal with abnormal patent application behavior, improve the examination and handling procedures and make them more open and transparent, and convey to the society that our office cracks down on abnormal patent applications in accordance with the law.

In terms of regulating trademark agency behavior, our office is promoting the issuance of the “Regulations on the Supervision and Administration of Trademark Agency” to purify the trademark agency market environment and promote the professional and high-level development of the trademark agency industry.

In terms of patent and trademark examination and trial standards, our office has clearly dealt with abnormal patent application behaviors and malicious trademark registration applications that are not intended for use. It is stipulated in the draft revision of the Patent Examination Guidelines (Draft for Comment) that examiners should examine whether the conduct during the patent application process obviously violates the principle of good faith. In the Guidelines for Trademark Examination and Trial, a special chapter for the examination and trial of trademark registration applications not for the purpose of use is set up to provide for the applicable requirements, considerations, application situations and typical cases of trademark registration applications not for the purpose of use.

The full transcript is available here (Chinese only).

© 2022 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XII, Number 249

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,...