According to recently released statistical data from the China National Intellectual Property Administration (CNIPA), utility model grants are down about 12% from the first half of 2023.  Chinese utility model grants were already down 25% in the first half of 2023 year-on-year. However, the rate of decline in utility model grants has slowed from a 30% decline in the first quarter of 2024. The number of utility models granted was 966,514, down from 1,104,223 in the first half of last ... The post Chinese Utility Model Grants Continue Slide in First Half of 2024 appeared first on China IP L ..read more

On July 16, 2024, China’s Supreme People’s Court (SPC) announced the first case of behavioral preservation (preliminary injunction) in a patent infringement case since the “Decision of the Supreme People’s Court on Amending the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” came into effect on November 1, 2023. On June 3, 2024, an unnamed Suzhou company applied to a local intermediate court for pre-litigation preservation, requesting an order that a Beijing company (believed ... The post China’s Supreme People’s Court Rules in First Paten ..read more

In a patent landscape report released July 3, 2024, the World Intellectual Property Organization (WIPO) stated that “China is at the forefront of global patenting activity in GenAI. China was responsible for more than 38,000 patent family publications between 2014 and 2023, based on the inventor addresses published on patents. Since 2017, China has published more patent families in this field every year than all other countries combined.” The U.S. is second with around 6,300 patent families between 2014 and ... The post WIPO: China is at the Forefront of Global Patenting Activity in Generative ..read more

Per several news sources, China’s Supreme People’s Court (SPC) held a special symposium on June 27, 2024 to introduce the work of the Intellectual Property Tribunal of the Supreme People’s Court in serving and safeguarding scientific and technological innovation and helping to develop new productivity.  Per the symposium, “China is the country with the most patent cases in the world and is increasingly becoming a preferred place for international intellectual property litigation.” Some statistics from the symposium follow: Since its ... The post China’s Supreme People’s Court: China is in ..read more

On June 28, 2024, China’s National Intellectual Property Administration (CNIPA) announced it reached an agreement with the Icelandic Intellectual Property Office and the Egyptian Patent Office on the extension of the Patent Prosecution Highway (PPH) pilot projects. Both PPH pilot projects will be extended for another five years from July 1, 2024 to June 30, 2029. Applicants can request accelerated examination in China when a corresponding Egyptian or Icelandic patent applications has one or more claims that are determined to ... The post China Extends Patent Prosecution Highway Pilot Programs ..read more

On June 24, 2024, China’s Supreme People’s Court (SPC) released five recent typical anti-monopoly cases, two of which relate to patents. The SPC stated that the cases were released so that Courts can “correctly apply the revised Anti-Monopoly Law and accurately understand the new judicial interpretation of anti-monopoly civil litigation issued today, fairly and efficiently hear monopoly cases, ensure the correct implementation of the Anti-Monopoly Law, and maintain fair competition in the market.” Explanations from the SPC regarding the two ... The post China’s Supreme People’s Court Releases ..read more

On June 24, 2024, China’s Supreme People’s Court (SPC) released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Monopoly” (最高人民法院关于审理垄断民事纠纷案件适用法律若干问题的解释). As it relates specifically to patents, the Interpretation states that drug patent reverse payment agreements may violate the Anti-Monopoly Law. Reverse payments involve a drug patent holder paying an alleged infringer or potential infringer, usually a generic manufacturer, to stop the alleged or potential infringement so ... The post China’s Supreme Peo ..read more

Update: Per Michael Ma, the plaintiff is Geely Holding Group and the defendant is WM Motor.  Note that WM Motor is reportedly bankrupt so collection is unlikely. In what is believed to be a record high in intellectual property damage awards, and easily exceeding the previous record of 201.54 million RMB in a trade secret case, China’s Supreme People’s Court (SPC) awarded over 640 million RMB in a new energy vehicle trade secret misappropriation case.  In decision （2023）最高法知民终1590号 released June ... The post 640 Million RMB Awarded in China Trade Secret Case appeared first on China IP ..read more

On June 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the launch of China-Africa Patent Prosecution Highway (PPH) with the African Regional Intellectual Property Organization (ARIPO) allowing for accelerated examination of patent applications in one jurisdiction based on work product in the other jurisdiction.  The pilot will start June 8, 2024 and extend for five years to June 7, 2029. Applicants can request accelerated examination in China when a corresponding ARIPO patent application has one or more claims ... The post China Launches Patent Prosecut ..read more

On April 26, 2024, the Shanghai Pudong Court released the “Typical cases of intellectual property judicial services provided by the Shanghai Pudong New Area People’s Court to ensure high-quality development of new productivity” (上海市浦东新区人民法院知识产权司法服务保障新质生产力高质量发展典型案例), which included a criminal case involving a newer provision of the Chinese Criminal Law that is somewhat analogous to the U.S. Economic Espionage Act. This is believed to be the first case in Shanghai under this provision and may be related to last year’s police raids ... The post Conviction Under China’s Version of the Economic Esp ..read more