If you missed the time limits according to patents in China, there are two options for restoring the rights before the Chinese Patent and Trademark Office (CNIPA). The procedure in China is similar to the restoration of rights under EPC rules, however, without remedy as Further processing.
Time limit missed – restoration in Europe
Whoever misses the time limits for the rights in patent protection can request the restoration of rights according to international regulations. The request for restoration pursuant to Rule 136 EPC(European Patent Convention) must be filed within two months of the removal of the cause of non-compliance with the period, but at the latest within one year of expiry of the unobserved time limit.
In any case, the request for restoration must be well-founded, which means “all due care required by the circumstances” have been taken, see Article 122(1) EPC.
Chinese patent law also offers such restoration of rights after failure to comply with the time limits. However, it is particularly noted that there is no such remedy as Further processing (under Rule 135 EPC) before the CNIPA.
Before the Chinese Patent and Trademark Office (CNIPA), two possibilities can be used for Re-establishment of rights for the invention patent, utility models and designs (i.e., these rules do not apply to the Chinese trademarks).
EU SMEs should be made aware of important changes made to the structure of Intellectual Property registration, management and enforcement governing bodies in China which were announced in the context of the annual plenary session of the National People’s Congress (NPC) and the National Committee of the Chinese People’s Political Consultative Conference (CPPCC) (also known as ‘Two Sessions’) which took place in early March. The restructuring of IP management and enforcement bodies is part of a wider reorganization of China’s ministries and agencies in order to increase their efficiency. The date at which these changes will come into effect has not yet been announced.
The following existing entities are to merge together and fall under the umbrella of a newly created State Market Supervision Administration (SMSA):
State Intellectual Property Office (SIPO): This is the Chinese patent office and it is also in charge of the IP foreign affairs. This is the entity at which European SMEs register their patents in China.
State Administration of Industry and Commerce’s Function of Trademark Management: Currently Trademark registration is handled before CTMO (China Trade Mark Office), which is under SAIC (State Administration of Industry and Commerce).
General Administration of Quality Supervision, Inspection and Quarantine’s Function of “Place of Origin” Label Management (AQSIQ): They are currently in charge of Geographical Indications. GIs are registered here in China by the regional organisations responsible for these GIs.
In today’s blog-post, we will look into the relevance of Design Patents and Utility Models for European SMEs in China. China remains among the top destinations for any business looking to internationalise, and the business environment there is still evolving in terms of both production and consumption. Its growing capacity to produce sophisticated manufactures and complex services is matched by an increasingly affluent domestic consumer base that demands state-of-the-art, internationally popular brands and products.
Although stories of Chinese counterfeits and brand infringements are still regular news in international media, the IPR system in China has seen considerable development in the last decade. This is propelled to a large extent by domestic industries innovating like never before and keen to protect their new technologies, and also those trying their chances with as many IPR filings as possible in order to improve their status or satisfy local government innovation drives. Whatever the reason, the number of patent applications shows the trend clearly: a 20.5% year-on-year increase for 2015 to more than 1,124,000 applications. Also, foreign patent applications are increasing fast, boasting a 14.9% year-on-year increase for 2015.
Today’s blog post has been kindly drafted to you by our IPR expert Dr. Toby Mak from Tee & Howe Intellectual Property Attorneys and Ms. Constance Rhebergen from Bracewell LLP .In their article, which was first published in UK Chartered Institute of Patent Attorneys (CIPA) Journal, Dr. Mak and Ms. Rhebergen give a detailed overview of China’s patent security interest market and explain how to register for patent security. Lending money to patentees with patent on mortgage is gaining popularity in China and this is something that European SMEs could also benefit from.
In China, intellectual property assets, including patents, have certain similarities to other property rights such as real estate and tangible property, and the owner is able to dispose of such asset in any legally allowable manner. Typical transactions involving real estate include buying and selling, renting, and mortgaging. Although patents are extensively the subject of buying and selling (assignment), and renting (licensing), mortgaging (security interest or pledge) of patent rights is less common and often overlooked. Some top reasons contributing to this include the difficulty and expense in evaluation of security interest status of patents, instability of rights due to invalidation challenges, and the challenge of foreclosing upon a security interest to ensure realization (whether recovery of monies or transfer of secured asset), particularly compared to a required selling of real estate.
While intellectual property shares certain similarities with real estate and tangible property, the treatment of intellectual property differs in important aspects and is not intuitive. Therefore, expertise regarding intellectual property security should be included in early stage development of strategy to ensure optimization of rights and value, both for financial institutions offering financing and companies involved in transactions. Notably, while there is large group of patent attorneys knowledgeable about prosecution, managing security interests in patents is not necessarily part of their training. Similarly, while corporate attorneys focus on security interests and financing, these specialist may be unversed in the unique aspects of intellectual property. Identifying the right expert early in the process allows for structures and for drafting that will streamline efforts at a later date. Continue reading “Patent Security Interest in China” »
Thinking about filing a patent in Singapore? Then this blog post for you, as today we give you a comprehensive overview of Singapore’s patent regime. Today’s blog post has been kindly drafted for us by Ms. Chan Wai Yeng who is a patent specialist at Taylor Vinters Via LLC. She was assisted by AsiaLawNetwork.com content strategist Ling Yuan Rong. Ms. Chan Wai Yeng explains the process of filing a patent in Singapore and discusses the considerations that everyone should to take into account before filing a patent application.
This article has been first published by Asia Law Network and you can find the link to the original article below at the end of the article.
You have just created a great new product, UX, or developed an improved manufacturing process with significant reduction in production time. You know your invention has tremendous commercial value, and you are keen to share your idea with a potential business partner. But hold on for a minute. Before you disclose your invention to anyone, you may want to take steps to secure the ownership and protection of your brainchild by patenting your invention.
What is a Patent?
A patent is a right granted to the owner of an invention to enable him to exclude others from using, copying or making the invention without his consent in the country in which he has obtained patent protection.
The rationale behind patents is to encourage innovation by preventing competitors from copying an innovator’s novel idea. Incentives like this are essential because research and development can be very expensive and if an innovator is unable to at least recoup the cost of developing his innovation (and profit from it to some degree), the innovator is unlikely to embark in the effort. Patents also promotes diffusion of ideas and information which may have positive effects in the long run. Continue reading “Patent 101: Things you need to know before patenting in Singapore” »