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  • Article

    Insights On CN Patent Changes In 2021, Including Patent Term Extension For Drug Patents - Part One

    On 27 November 2020, the CNIPA published the 1st draft of the revisions to the Implementation Rules of the Law (the draft Rules). Again, a a co-chair of the IP Practice in China committee of the AIPLA, comments on this 1st draft has been submitted on behalf of the AIPLA.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    New Year Present From China - Compulsory XML Patent Filing In China From 1 January 2026

    On 20 May 2025, the CNIPA announced that from 1 October 2025, all electronic patent filings have to be done in XML format, including any subsequently filed amendments.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Part 2 - Toby's COVID-19 Survival Guide From Hong Kong

    I do not wish to define size of droplets and argue whether COVID-19 is airborne. Frankly I do not give a damn.
    ChinaCoronavirus (COVID-19)
    Toby Mak
    Toby Mak
  • Article

    Foreign-Filing Licences For Patents In China

    China introduced requirements for foreign-filing licences for inventions in 2010 (when the third revision of the Patent Law came into force).
    GlobalIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Patent Infringement Damages In China

    In the May issue, we reported how Jaguar Land Rover had recovered substantial damages – all they had claimed – in unfair competition proceedings.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    China Update – Drug Patents

    First pre-trial injunction granted for a drug patent in China: Astellas Pharma v Zhejiang Hisun Pharmaceutical.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Continental Drift: SIPO's April 2017 Examination Guidelines Bring Significantly Improved Alignment With EU And US Rules In Software And Pharma Fields

    The Chinese State Intellectual Property Office has significantly revised its examination guidelines with respect to inventions relating to business methods and software, submission of post-filing data...
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Victoria's Secret Service Mark

    Toby Mak explains that in China, exhaustion of rights extends far; but did not extend to the defendant claiming to be a Victoria's Secret distributor or agent in China.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Support For Patentees From The Chinese Supreme Court?

    Draft stipulations under discussion on appeals against the Chinese Patent O' ice's Patent Re-examination Board's decisions.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Smoothing The Way For AI Inventions In China

    On 1 February 2020, the CNIPA brought its revisions on examining computer-related inventions ("New AIRelated Revisions") into effect.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Hong Kong Patents – Practical Issues To Be Considered

    The Hong Kong patent system is essentially a re-registration patent system. Although Hong Kong is not a favourable forum for patent litigation, having a patent granted in Hong Kong could provide the patentee with substantial commercial advantages.
    Hong KongIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    CN SAMR "Anti-Monopoly Guidelines For Standard Essential Patents"

    These guidelines were announced by the SAMR on 30 June 2023, with a deadline to comment on 29 July 2023 (yes, less than one month, the draft is not long though) at the link below:
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Christmas Present From China – Implementation Regulations (IMR) Of The Chinese Patent Law (2023)

    It was a strange coincident that when I visited the CNIPA last week at the CNIPA/American Bar Association Liaison Council China delegation 2023.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    SIPO Update

    IPO has revised its patent examination guidelines, and these became effective on 1 April 2017.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Proposed Revisions To The Chinese Patent Law

    The proposed revisions to strengthen the Chinese Patent (and designs) Law (December 2015) are significant and provide an interesting checklist of issues in relation to patents and design law worldwide.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Patent Litigation In China

    Disputes over standards essential patents are increasingly being exposed in the courts, as can be seen from the CJEU decisions (such as Huawei v ZTE) and in the UK in relation to the Unwired Planet litigation, ...
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    China's (Mostly) Improved Guidelines Launched

    The Chinese Patent Examination Guidelines have been revised with yet another set of major amendments in two years.
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    China SAMR Draft Trade Secret Protection Provision 2025

    Thanks to the heads-up from Aaron Wininger of Schwegman Lundberg & Woessner, P.A. , the China State Administration for Market Regulation SAMR announced on 25 April 2025 another draft trade secret protection provision at the link below:
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Patent Security Interest In China

    Security interests over patents must be registered with the Chinese State Intellectual Property Office
    ChinaIntellectual Property
    Toby Mak
    Toby Mak
  • Article

    Enforcing Patents – China's Bad Faith Entities List

    In addition to difficulties in producing evidence acceptable to authorities, including a Chinese court, and low damages awards it is not unheard of that the infringers in China simply run away, then open a new company ...
    ChinaIntellectual Property
    Toby Mak
    Toby Mak

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