According to a Joint Statement issued by SIPO and DPMA, the Patent Prosecution Highway (PPH) experimental zone was set up on Jan. 23, 2012. This program, unlike the PPH between SIPO and USPTO (United States Patent and Trademark Office), only includes general PPH, but not the Patent Cooperation Treaty PPH. Under this initiative, applicants can file their PPH applications to either SIPO or DPMA.
Applicants who want to file the PPH application to SIPO can visit here for further information (Chinese).
Applicants who want to file the PPH application to DPMA can find further information here (English).
This program will continue for two years and will be due on Jan.22, 2014.
Additionally, SIPO set up the PPH experimental zone with the USPTO on Dec. 1, 2011, which will only continue for one year.
It is 2012, and China’s State Intellectual Property Office (“SIPO”) has once again released its end of the year data on patent filings for the year. While patent data and scientific citation data suggest that China is on the cusp of becoming an innovative economy, there is another trend that has subsisted for several years: China’s autumnal upward patent “hook.”
As I have remarked in several conferences during the past two to three years, the data suggests that if patents are a surrogate for innovation activity, one of the most significant factors in China’s innovation efforts are the time of the year: China innovates in the fall. February, however, appears to be a slow month for creativity, perhaps due to lack of external pressure (government subsidies, quotas), but also due to the hiatus caused by the lunar new year and the 28 day month. Continue reading →
After reading about the early Chinese patents in this blog, USPTO Director Kappos gives a framed copy of the Jin Fuey Moy Patent No. 883,558 to SIPO Commissioner Tian on May 29, 2012 in Beijing.
Dr. Jin Fuey Moy (梅振魁; Mei Zhenkui, 1862-1924) was not principally an inventor, and his 1908 patent on an enhanced nutcracker for chestnuts (“Attachment for Nutcrackers”, USPN 883,558) is in fact, the only thing he is known to have patented. He filed for patent protection for the same invention in Canada. Like many men from Taishan County (Toisan) in Guangdong Province, he came to the United States to seek his fortune and never returned to China. Following his elder brothers, he emigrated in 1875, making his way to New York, where he became a domestic servant and was baptized a Christian. Through the beneficence of some well-to-do Methodists who foresaw a missionary career for him, he was sent to New Jersey’s Pennington Seminary and then to Jefferson Medical College in Philadelphia. He earned his M.D. degree in 1890, the first Chinese to graduate from the school, and one of the first to become a physician in the United States. Continue reading →
Attached is the speech by USPTO Director David Kappos from the joint Fordham/George Washington University conference on IP, innovation and trade issues in China on December 13. USPTO Director Kappos was introduced by CAFC Chief Judge Rader, himself a veteran of Chinese-IP engagement. The speech gives a good summary of hte current state of US IP engagement with China from the perspctive of USPTO including the important work of patent cooperation with SIPO which is handled by USPTO directly.
Looking back on 2011 and into 2012, it has been a year with considerable transition for individuals following IP issues in China.
There were some important lateral changes in the private sector. With the Hogan Lovells merger, Doug Clark went to Hong Kong, and Horace Lam left Hogan Lovells for Jones Day in China. Former Supreme People’s Court IPR Chief Judge, Jiang Zhipei, left the Fangda Partners for King and Wood. Meanwhile, King and Wood, which already had a large China IP practice, merged with the Australian law firm, Mallesons, which has a Chinese IP practice. Amongst the more recent retirees from the Chinese government, Xu Chao, of the National Copyright Administration, and Yin Xintian, of the State Intellectual Property Office, both left the government for the Wanhuida law firm. An Qinghu, the former Director General in charge of the Chinese Trademark Office, also left his parent agency, the State Administration for Industry and Commerce, to work for the Chinese Trademark Association. Continue reading →