On January 1, 2019, the Intellectual Property Tribunal of the Supreme People’s Court was officially opened for office, handling intellectual property appeals involving patents or technological issues nationwide.
The law not only clarifies that domestic and foreign-funded enterprises shall be treated equally and implements a system of pre-entry national treatment plus negative list for the administration of foreign investment, but also makes clear provisions ...
Recently, the intellectual property industry media IPRdaily and the incoPat Innovation Index Research Center jointly released The ranking list of number of grants for invention patent applications handled by patent agencies in 2019 (TOP100).
Recently, the Supreme Court released a white paper entitled Internet Justice in Chinese Courts. Important facts to know involve 3 Internet courts: Hangzhou Internet Court, Beijing Internet Court and Guangzhou Internet Court.
In the case of the dispute over the patent right transfer contract between the plaintiff LG Display Co., Ltd. and the defendant Dalin Seiko Co., Ltd., the two parties signed a patent right transfer agreement stipulating that a number of patent rights...
On November 25th, CNIPA held a regular press conference in the fourth quarter of 2019. Gan Shaoning, Deputy Director of the CNIPA, introduced the Opinions on Strengthening the Protection of Intellectual Property Rights.
The Provisions, approved upon deliberation at 13th the executive meeting of the State Administration for Market Regulation in 2019, are hereby promulgated and shall come into force as of December 1st 2019.
USPTO Seeks Comments on Discretion to Institute Trials Before the PTAB
On October 20, the United States Patent and Trademark Office (USPTO) published a “Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal Board” in the Federal Register. [link]
DOJ Takes Key Step Toward Breaking Up Big Tech with Antitrust Complaint Against Google
The U.S. Department of Justice and Attorneys General from 11 U.S. states filed a complaint on Tuesday in the United States District Court for the District of Columbia against Google, alleging the company is “unlawfully maintaining monopolies in the markets for general search services, search advertising, and general search text advertising in the United States through anticompetitive and exclusionary practices.”[link]
Patent Filings Roundup: Video Codec Wars, Gaming Industry Stung by Section 325 Discretionary Denial, Remote Surgical Robotics Suit Filed
Patent filings were down ever so slightly last week, with 30 Patent Trial and Appeal Board (PTAB) petitions filed (29 inter partes reviews [IPRs] and one post grant review [PGR], the biggest chunk being Lenovo’s nine IPR filings against Nokia’s standard-essential patents) and 61 litigations. [link]
Newly revised patent law underscores national innovation
China's top legislature has approved a new version of the Patent Law, a move in line with the national strategy of building an innovative country and determination to protect pharmaceutical innovation amid the COVID-19 pandemic.[link]
Trademarks are for Sellers: Banksy Store Created for Trademark Defense Fails to Protect ‘Flower Thrower’
One of street artist Banksy’s most iconic images—a mural sprayed on a Jerusalem building of a protester preparing to hurl flowers—failed to win trademark approval from the European Union in September because the European Union Intellectual Property Office (EUIPO) doubted the sincerity of his attempt to merchandise the image.[link]
Practice Tips Following USPTO Guidance on Applicant Admitted Prior Art
On August 18, 2020, the USPTO issued a guidance memorandum on the treatment of applicant statements in the challenged patent in inter partes review (IPR) proceedings under Section 311, which addresses the use of applicant statements as Applicant Admitted Prior Art (AAPA).[link]
China’s NMPA and CNIPA Propose Draft Measures on Patent Linkage for Public Comment: Implications for the Future of Innovative and Generic Drugs
The National Medical Products Administration (NMPA), in conjunction with the China National Intellectual Property Administration (CNIPA), recently solicited public comments on the draft of “Measures For the Implementation of Early Resolution Mechanisms for Drug Patent Disputes (Trial)” (“Draft Measures”).[link]
USPTO Appoints Mary Critharis Acting Chief Policy Officer and Director for International Affairs
Yesterday, the United States Patent and Trademark Office (USPTO) announced that Mary Critharis has been appointed as the USPTO’s Acting Chief Policy Officer and Director for International Affairs.[link]
Patent Law looks to better protect drug developers
Amendment to the Patent Law adopted by China's top legislature over the weekend strengthened protection for patent holders, stipulated harsher punishment for violators and encouraged innovation in the pharmaceutical sector.[link]
This Week in Washington IP: Technologies for Military Readiness, Enforcing IP Rights in China and Alternative Dispute Resolution for Copyright Small Claims
This week in Washington IP events, the House of Representatives remains quiet during its district work period. Thursday’s Senate Judiciary Committee hearing will focus mainly on the nomination of Amy Coney Barrett to serve as a Supreme Court Justice, although the day’s discussion will include a bill introduced by Sen.[link]
Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent
On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes review (IPR) decision of the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (the Board) rejecting St. [link]
Uber Files Opposition to Biometrics Trademark Application
On Wednesday, rideshare giant Uber filed an opposition before the Trademark Trial and Appeal Board against individual applicant Robert Kocher, who applied to use the UNDER UBER mark in Class 9 for “biometric identification apparatus”; [link]
Late-Filed Petitions Dismissed as Untimely by USPTO: No Apparent Rhyme nor Reason (Part III)
While researching the newly codified Manual of Patent Examination Procedure (MPEP) Section 706.07(b) (see Law360 article, First Action Final Rejection articles Part I and Part II), we noticed some petitions filed more than two months after the final Office action mail date were decided on their merits while other petitions were dismissed as untimely.[link]