1. Interpretation of Amendments in the China Patent Examination Guidelines (2023) - Preliminary Examination of Patent Applications for Invention and Utility Model and Examination of International Applications Entering the National Phase

2. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Compensation for Term of Patent Right

3. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – General Provisions on Substantive Examination of Patent Applications for Invention

4. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Examination of Patent Applications for Invention Relating to Computer Programs

5. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Examination of Patent Applications for Invention in the Traditional Chinese Medicine field

6. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Examination to Requests for Reexamination and Invalidation

7. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Preliminary Examination of Patent Applications for Design and International Application for Design

8. Interpretation of Amendments in the China Patent Examination Guidelines (2023) – Patent Application Formalities and Processing of Procedural Matters

(Source: website of the CNIPA)

In accordance with the Memorandum of Understanding on the Remittance of Patent Cooperation Treaty (PCT) Fees between the CNIPA and the WIPO, the CNIPA will collect the fees of PCT applications in the international phase on behalf of the International Bureau of the WIPO according to the RMB standard published by the WIPO.

I. The RMB standard implemented from January 1, 2024

According to the RMB standard for fees of PCT applications in the international phase to be effective as of January 1, 2024, published by the WIPO, the CNIPA will collect the fees of PCT applications in the international phase according to the following standard:

The standard for fees of PCT applications in the international phase (amount unit: RMB Yuan)

(I) The international application fees collected on behalf of the International Bureau

(II) The formality fee collected on behalf of the International Bureau: 1600

If the standard needs to be adjusted due to excessive exchange rate fluctuations, it will be published at another time.

II. Range of Application

This standard applies to the international application fee for PCT applications submitted to the CINPA and received after January 1, 2024 (included) and the formality fee for the requests of PCT international preliminary examination received after January 1, 2024 (included).

In addition to the fees collected on behalf of the International Bureau, the standard for fees, such as search fee, charged by the CNIPA will remain unchanged. For details, please refer to the Standard of Fees for Patents and Integrated Circuit Layout Design published on the CNIPA website.

(Source: website of the CNIPA)

After the related legislative procedure is completed, the fees for design registration and post-registration services will be reduced starting 1 March 2024. The reduction of fees is one of the policy measures under the Chief Executive's 2023 Policy Address to promote the development of IP trading.

Attached: Reduction of the fees specified in the Schedule to the Registered Designs Rules (Cap. 522A)

Attached: FAQ

(Source: Website of the Intellectual Property Department of the Government of the Hong Kong Special Administrative Region of the People's Republic of China)

The CNIPA and the German Patent and Trade Mark Office (DPMA) have jointly decided to extend their Patent Prosecution Highway (PPH) pilot program for another three years, from January 23, 2024, to January 22, 2027. The requirements for and procedures of participating in the pilot program shall continue to follow the CNIPA-DPMA PPH Guidelines.

The extension of the CNIPA-DPMA PPH pilot program will further advance China-Germany communication and cooperation in IP, serve both Chinese and German innovators by accelerating the patent examination process, and deepen the two offices' cooperation in patent examination.

(Source: website of the CNIPA)

Case Brief

Shenzhen Qice Diechu Culture and Creativity Co., Ltd. (hereinafter referred to as Qice) has been authorized by the cartoonist MA Qianli to enjoy exclusive property rights of works on his series of works "I am not a fat Tiger." Qice discovered that on a platform operated by Hangzhou Yuanyuzhou Technology Co., Ltd. (hereinafter referred to as Yuanyuzhou), its user created and published the NFT digital work "A fat tiger is getting the vaccine," which was identical to the illustration work posted by MA Qianli on Weibo, and even still bore the corresponding Weibo watermark. Qice then initiated a lawsuit in Hangzhou Internet Court on the grounds that Yuanyuzhou infringed on its information network dissemination rights. The first-instance court held that NFT digital work transaction conforms to the characteristics of the Information Network Dissemination Act. In view of transaction mode, technical features, platform controlling capability, profit mode, etc., the platform involved should have established an effective IP examination mechanism. Therefore, the first-instance court confirmed the infringement of Yuanyuzhou. Yuanyuzhou was unsatisfied and instituted an appeal. The Intermediate People's Court of Hangzhou, Zhejiang Province, held in the second instance that the upload and release stage of NFT digital works involves the Information Network Dissemination Act, and as a form of digital collection, the technology used for NFT digital works can be more effective in avoiding the risk of repeated copying in the subsequent circulation. Based on the factors that network service of NFT digital work transaction is accompanied by generation and transfer of corresponding property rights and interests, and possible infringement consequences and the like, the service providers should review the legitimacy of the source of NFT digital works and confirm that the creator of an NFT digital work has appropriate rights. In this case, Yuanyuzhou did not fulfill the corresponding duty of care, so the appeal was rejected, and the original judgment was upheld.

Typical Significance

This case is a typical case relating to the responsibility of NFT digital work transaction platforms. The judgment actively explores the legal attributes of NFT digital works with blockchain as the underlying core technology, act definition under a transaction mode, attributes and responsibility determination of transaction platforms, and other aspects. This case has inspiring significance for building a new ecology of open, transparent, credible, and traceable on-chain digital works and promoting the development of the digital industry.

(Case source: the Supreme People's Court of the People's Republic of China)

Case Brief

Bayer AG is the patentee of the invention patent with application No. 00818966.8 and the title of "SUBSTITUTED OXAZOLIDINONES AND THEIR USE IN THE FIELD OF BLOOD COAGULATION." Hencer company and Lifenergy company displayed the rivaroxaban preparations and bulk drugs bearing the registered trademark of Hencer company on their official websites and relevant exhibitions. Bayer AG filed a request with the Nanjing Intellectual Property Office to handle the IP infringement dispute, and the Office ruled that the two companies should stop the infringement. Hencer Company and Lifenergy company were unsatisfied and brought a lawsuit to the Intermediate People's Court of Nanjing, Jiangsu Province. The first instance dismissed the claims. Hencer company and Lifenergy company were still unsatisfied and instituted an appeal. The Supreme People's Court held in the second instance that Hencer company and Lifenergy company expressed their intention to sell the products involved to unspecified subjects through websites and exhibitions without permission, which constituted an infringement via offer for sale. The exception clause in the administrative approval of medicine and medical apparatus only applies to the "making, use and import" act conducted for their own application for administrative approval, and the "making and import" act performed exclusively for the former party's application for administrative approval. Hencer company and Lifenergy company did not satisfy the subject conditions, and the act of offering for sale did not fall within the scope of the exception mentioned above, so the relevant exception clause shall not apply. Therefore, the court rejected the appeal and upheld the original judgment.

Typical Significance

The judgment of two cases clarifies the judicial concept that patent law is based on the principle of protecting legal rights, with statutory non-infringement as an exception, and that all exceptions must be strictly interpreted. Specific to application circumstances of relevant legal provisions of medicine and medical apparatus administrative approval exception (Bolar Exemption) of the patent law, it requires to guarantee the accessibility of medicine and medical apparatus to the public after expiration of the patent right and to avoid weakening protection of patentee's legal rights and interests, that is, prudently balancing the interests among patentees, generic drug companies and the public in accordance with the law. This case also embodies the People's Court's judicial concept of equal treatment and protection of Chinese and foreign parties.

(Case source: the Supreme People's Court of the People's Republic of China)

On January 10, 2024, the Shanghai Trademark Association held a conference to honor the organizations and individuals who were awarded 2022 "Shanghai Outstanding Trademark Agency" and "Outstanding Trademark Agent" as well as "Shanghai Outstanding Trademark Agency Nominee" and "Outstanding Trademark Agent Nominee." Unitalen Shanghai Office was awarded the 2022 "Shanghai Outstanding Trademark Agency."

Recently, the Beijing Trademark Association released a recognition announcement of 2023 "Beijing Famous Trademark Brand," and Unitalen's trademark "" (No. 15387295) was awarded the honor as one of the first group of 37 recognized trademarks.

Managing Intellectual Property (MIP), the international authoritative IP media recently released various lists of "IP STARS 2023," one after another. Unitalen has consecutively won multiple awards and been honored in the recommended lists of 5 fields, including "patent litigation," "patent application," "trademark litigation," "trademark application," and "copyright business" in IP STARS. At the same time, Vice President LI Deshan, Attorneys WU Shuchen, SUN Changlong and HOU Yujing won "Patent Star" and "Trademark Star" of MIP 2023 IP Stars for their strong competence and outstanding performance in their respective fields.

On January 27, "the 14th China IP International Annual Forum & 2024 Annual Conference of In-house IP Managers" was successfully held in Beijing. This Annual Forum was themed "Pressing ahead with harmonious symbiosis," and significant annual awards were announced. Unitalen continued to win the "2023 Outstanding IP Service Team in China" award for its superior service, superb business capabilities, and outstanding team cohesion.