The much awaited patent application list for 2014 has been released and China is again in poll position, the experts said the World’s second largest economy lacked competitive edge, but for the 4th consecutive year China is the highest recipient of requests for patents globally. Continue reading “Another Year on Top for China as the Highest Recipient of Patent Applications Globally” »
Although rudimentary to some, we are asked about the different types of patent there are in China so often at the Helpdesk that it’s worthy of explanation again here.
So here is a concise rundown of the three types of patent available in China…
In late October China’s highest court, the Supreme People’s Court (SPC), released a list of eight model cases (dianxing anli典型案例). The list is a collection of important cases that suggest the direction of the focus and scope of the court and also signals new trends in its decision making process. The cases listed have wide-ranging implications on protecting trade secrets, unfair competition, trade marks, patents and infringement of the manufacturing process. China IPR has great synopses of the cases and provides some spot-on analysis here.
The Patent Prosecution Highway (PPH) may not be the road most travelled, but by taking a test-drive on it, our very own Helpdesk “Stig” reveals the secret speed of Patent Prosecution that is starting to become more and more popular world-wide.
The PPH scheme, through the sharing of information between patent offices, makes eligible an application whose claims have already been determined to be patentable in a first country, to then undergo an accelerated examination in a second. This is extremely relevant as it can drastically reduce the time taken to gain patent determinability in said second country and so is pertinent to all those SMEs impatient to take advantage of favourable overseas environments, but who also recognise the importance of protecting their IPR. Continue reading “Road trip down the Patent Prosecution Highway” »
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.
Ongoing concerns
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” »