Invalidating a patent in china


According to WIPO statistics, Japan’s Patent Office led the world in design patent applications from the 1950’s through the 1990’s; Korea’s Intellectual Property Office and the USPTO have shown a steady upward trend; but starting about 2000, the number of design applications filed in China has skyrocketed, so China’s Intellectual Property Office (SIPO) now issues more design patents than the next twenty offices combined and ten times the volume of the USPTO.The vast majority of all design patents in China are granted to domestic applicants.Surely that is due, in part, to China’s indigenous innovation programs that provide cash bonuses and other financial incentives for the filing of patents and have been blamed for rewarding quantity at the expense of quality. More than one-third of all patent applications filed in China by domestic entities are for design patents, compared to just 10 percent for foreign applicants.Perhaps Chinese applicants have greater confidence than foreigners do that Chinese design patents, regardless of their quality or legitimacy, can give them an edge.And just last month, former head of the USPTO, David Kappos, published an Op Ed piece describing design as “the new frontier of intellectual property.” Nothing has fundamentally changed about the nature of design patents. The Statue of Liberty, Coke bottle, Volkswagen Beatle, Stealth Bomber and Star Wars’ Yoda are all protected by design patents.Design patents have long played an important role in consumer electronics, automotive, apparel, jewelry, packaging and other industries.However, the biggest difference between design patents in the U. S., as expressed by the Supreme Court and affirmed by the Federal Circuit in Egyptian Goddess v.



The USPC has been a winner in all these cases due to their timely filing of invalidation proceedings before the Patent Reexamination Board of the State Intellectual Property Office (“PRB”), as well as timely registration of their trademarks and clever litigation strategy. The case started when USPC decided to invalidate a total of 7 patents filed and owned by plaintiff of the lawsuit, Mr. These design patents are: Table 1 From Table 1 above, Zeng received 3 design patents on the playing cards with July 24, 2007 as the earliest filing date among the the three (see 200730060301.4 patent).China employs an absolute novelty standard, and includes no grace period, so prior use or publication anywhere in the world will render the design un-patentable. design patens must pass a substantive examination, including a review of obviousness and prior art, but in China only a cursory examination is required, which looks into whether the application has been completed properly, drawings and power of attorney are attached, and the like. and other countries, in China the drawings may not include shading or broken lines to indicate non-essential features, so it may be prudent to eliminate non-essential features from the drawings to the extent possible.In theory, one may not patent a design that is merely an aggregate of two or more prior designs or design features and the design must be strictly ornamental, not functional, although courts sometimes appear to overlook those requirements. S., graphical user interface (GUI) designs – one of the three design patents found to be infringed in the Apple/Samsung case – may not be protected by design patents in China. The application must include either drawings or photographs of the design, along with a brief explanation used to interpret the drawings or photos and to indicate the essential portion of the design. Test for Infringement The test for infringement in the U.While that explanation sounds reasonable, in China there are additional factors and – as always – the picture is complex and uncertain, but it is perfectly clear that companies doing business in China, from manufacturing to sales, should seriously consider the roles design patents can play with respect to brand protection, counterfeiting and unscrupulous business practices.


Invalidating a patent in china comments


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    paulette60

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    paulette60

    Once the invention patent is granted, the utility model patent must be abandoned otherwise the applicant risks revocation of the invention patent as the…
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    paulette60

    Design Patents in China Applications, Infringement and Enforcement. The scope of a design patent in China is. in invalidating the patent based on.…
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    paulette60

    China is also a signatory to the Patent Co-operation Treaty PCT such that a Chinese National Phase Patent Application may be filed in China based on a PCT Application within 30-months of the earliest priority date. However a 2-month extension period is available “as of right” up until 32 months from the earliest priority date.…
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    paulette60

    A Powerful New Weapon Against Patent. of invalidating prior art involves. at an engineering conference in Korea or China.…