China IPR

USPTO Report on Patent Developments in China

USPTO had  released its report with links  on patent enforcement in China.  The reports summarize a series of roundtables  and requests for information from a Federal Register notice.  Others have previously blogged on some of these developments.  The USPTO  links are currently not all active but should be available shortly.

The report summarizes five areas: China’s patent legal regime; rule of law problems; evidence collection, recognition, and preservation; effectiveness and enforcement of remedies; and administrative enforcement.  Some of the themes are identical with those previously explored in this blog: “case establishment”, exports of infringing goods, potential problems with patents that are not substantively examined, and difficulties in obtaining provisional relief.

A useful Summary Chart of Issues and Recommendations that had been previously distributed is also included in the relase.

Full disclosure: I have had an opportunity to review and comment on the draft, and I am currently advising the USPTO on China legal developments.

3 replies »

  1. This should be a very interesting read. Thanks for posting. As of Sunday, July 22, 9:30am CDT, none of the USPTO links are functional.
    Is this report drafted by the Office of the Administrator of Policy and External Affairs with input from China’s IP Attaches?


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