The current trend of patent protection in China seen from the Draft Amendment to the Patent Law (Draft for Approval) and Draft of Guidelines for Determination of Patent Infringement

The China National Intellectual Property Administration ("CNIPA") recently announced the "Revised Patent Examination Guidelines", which came into force from January 15, 2021.

On March 22, 2016, the SPC published a new judicial interpretation "Several Issues Concerning Application of Law in the Trial of Cases involving Patent Infringement Disputes (Part II)", which took effect from April 1, 2016.

Patent infringement litigation has its own unique characteristics and technical complexities, and the key to success is to choose the appropriate litigation strategy.

On March 22, 2016, the Supreme People's Court of China(SPC) published a new judicial interpretation "Several Issues Concerning Application of Law in the Trial of Cases involving Patent Infringement Disputes (Part II)" (hereinafter referred to as "New Judicial Interpretation"), which took effect from April 1, 2016.

Having received over 1 million invention patent applications last year, China has become the leading patent filing country in the world.

China has been a factory to the world for nearly four decades since it opened its door to the outside world.

On June 22, 2016, Guangzhou IP Court granted a preliminary injunction to French designer brand Christian Louboutin per its request, ordering Guangzhou Verteam Trade Co., Ltd. (hereafter Verteam) to stop manufacturing, selling and offering for sale nine infringing lipsticks ..

Xiangong Meng, Chofn IP, explains the process of a patent evaluation report by looking specifically into a patent infringement case by Shenzhen Fangtai Equipment Technology Co., Ltd.

Article 6 of the current Chinese patent law defines "service invention-creation" and the ownership thereof. Specifically, it provides that:

The SPC has recently published a new judicial interpretation with regards to the applicability of relevant laws when patent infringement cases are handled, which took effect from April 1, 2016.