Sterne, Kessler, Goldstein & Fox P.L.L.C. (JD Supra China)

Business factors typically drive many strategy decisions in terms of patent prosecution in foreign jurisdictions. Factors that influence these decisions might include the likelihood of foreign competition, the size of foreign markets, as well as foreign manufacturing and/or licensing strategies. Typically, the nature of the technology and local factors such the nature of the industry, and costs...

In April, the Supreme People’s Court of China published a draft for comment for “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Patent Authorization and Confirmation (I)” (“Provisions”). This month’s issue of the Global Patent Prosecution newsletter discusses similarities and differences between patent invalidity proceedings...

This article discusses aspects of ex parte appeals of patent applications before the China National Intellectual Property Administration (CNIPA). A patent applicant may appeal (submit a re-examination request) an examiner’s decision refusing to grant a patent application to the Re-examination and Invalidation Department of the Patent Office (PRB). Four points of consideration related to the CNIPA

This article discusses challenges in prosecuting bioinformatics patent applications before the China National Intellectual Property Administration (CNIPA). The CNIPA determines the subject-matter eligibility of bioinformatics patent applications under Articles 2 and 25 of the Patent Law of the People’s Republic of China. Article 2 requires that a claim involve a set of technical means that adopt...

This article discusses foreign filing requirements in China. Assuming mainland China is the country of invention, the following questions are explored: (1) who needs to seek permission to file a patent application outside China?; (2) what is required to file a patent application outside China?; and (3) if any, what remedies are available if permission is not initially sought to file a patent...

Total Chinese Patent Office Grants by Technology Sector. Please see full graph in article for more information.

As patent filing and grant numbers have skyrocketed in China, so has the attractiveness to settle patent infringement suits there. The opening of a series of specialized intellectual property courts, especially the courthouse located in Beijing, has changed the view of many that the country is lax in protecting IP rights. This view has changed so much that China is now seen as a jurisdiction of...

China is in the midst of a tremendous patent boom. Worldwide, total patent application filings were up 7.8% in 2015, with China accounting for 84% of the total growth[1]. In 2015, the State Intellectual Property Office of the People’s Republic of China (SIPO) became the first patent office that received more than one million patent applications in a single year – eclipsing both the United States...

With continued extraordinary growth, including a record number of patent applications filed in a single year[1], the importance of intellectual property rights in China is undeniable. And so, all eyes are on the recent revised Guidelines for Patent Examination released by the State Intellectual Property Office of the People's Republic of China (SIPO) and, in particular, the implications for...

With the implementation of Revisions to the Chinese Patent Examination Guidelines on April 1, 2017, the April 2017 issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for filing, prosecuting, and enforcing patents in China. Please see full Newsletter below for more information.

The process of patenting an invention can be cumbersome, resulting in Applicants waiting several years before their patents are picked up for examination. Various jurisdictions have realized the pressing need to shorten the gap between filing and grant of a patent application, resulting in the establishment of programs to expedite examination. A summary of current programs for fast-tracking...

The State Intellectual Property Office (SIPO) of China has issued the first four design patents protecting graphical user interfaces (GUIs). The patents issued were filed by Beijing Qiyi Century Science & Technology Co.,LTD., Keniu Network Technology (Beijing) LTD., and Kingsoft Network Technology Co., LTD. on Thursday, May 1, 2014, the very day new design patent regulations permitting the...

Electric car manufacturer Tesla Motors was recently sued in China by businessman Zhan Baosheng. Baosheng registered the TESLA trademark in China in 2006, prior to Tesla's entry into the Chinese market.

Recently announced by the State Intellectual Property Office of China (SIPO), graphical user interface (GUI) design patent applications will be accepted beginning on May 1, 2014. Revised on March 17, 2014, the amended Patent Examination Guidelines will now include provision for GUI on an electrified device screen as patentable matter, including dynamic or animated GUI.