On June 25th 2013, the Shanghai High People’s Court’s Guidelines for Hearing Disputes over Rewards and Remunerations for the Inventors or Designers of Service Inventions (hereafter, inter-changeably, the “Shanghai Court Guidelines” and “guidelines”) were posted online. The guidelines provide some useful clarity, especially for businesses operating in Shanghai, as to the legality surrounding inventor remuneration and reward agreements.
For years now, businesses have expressed concern over ambiguity in Chinese law surrounding inventor remuneration. For example, the European Union Chamber of Commerce in China expressed concern over the system in their IPR Working Group’s 2011/2012 Position Paper. Most recently, industry groups have expressed serious concern over the Regulations on Service Inventions (Draft) (hereafter the “Draft Remuneration Regulation”) released by the State Intellectual Property Office (SIPO) on November 12th 2012. Continue reading “Shanghai High People’s Court provides clarity on legality of rewarding and remunerating inventors” »
China continues to pursue, perhaps more concertedly then ever, initiatives to foster “indigenous innovation.” This concept – defined as advancing domestic Chinese innovation via “original innovation” (yuanshi chuangxin/原始创新), integrated innovation (combining existing technologies in a new way), and assimilated innovation (making improvements to imported technologies) – was prominently laid out in the National Medium- and Long-Term Plan for the Development of Science and Technology (2006-2020) (hereafter “S&T MLP”), which sets the goal to make China into a world leader in technology by 2050. A variety of initiatives followed the S&T MLP in seeking to further advance its goals, including, most recently, the 12th Five Year Plan for Establishing National Indigenous Innovation Capacity (hereafter the “Plan”) promulgated on May 29th 2013 by China’s State Council. Continue reading “Thought the Chinese government will only focus its indigenous-innovation-stimulating efforts on strategic emerging industries? Think again.” »
Insights into the “patent quality” landscape in China are increasingly important for understanding wider issues ranging from the types of risks businesses face when operating in China to the direction of the innovation-economy in the country. By way of one insight, this article discusses a recent initiative from the State Intellectual Property Office (SIPO) to improve patent quality in China and its implications for businesses.
Utility model patents and design patents in China are cheaper and easier to obtain than invention patents because of lower patentability thresholds and because they do not undergo a rigorous mandatory examination. As a result, low quality utility model and design patents run a higher risk of being granted than low quality invention patents. Continue reading “China’s Revised Patent Examination Guidelines (Draft): implications for business” »