My article on China’s Many Faces of Frand has recently been published in the European Intellectual Property Review (July 2025). Note that this article was first published by Thomas Reuters, trading as […]
My Testimony and Video From October 8, 2025 On PERA, Now Available On-Line
I was honored to have testified on October 8, 2025 at the Senate Judiciary Committee’s hearing on “The Patent Eligibility Restoration Act – Restoring Clarity, Certainty, and Predictability to the U.S. Patent […]
Impact of China on U.S. Patent Policy: Events and Papers
The Hudson Institute just released the recording of its recent webinar on Patents and China: What Is the Right Policy for the America First Agenda? | Hudson Institute. Prof. Adam Mossoff moderated […]
House Judiciary Committee Holds Hearing on Patents, Standards and Lawfare
On December 18, 2024, I was honored to testify before the House Judiciary Committee, Subcommittee on Courts, Intellectual Property and the Internet. These hearings were on “IP and Strategic Competition with China.” […]
Acess Advance and TCL: A Submission to the Shenzhen Court
Access Advance and TCL have settled their patent pool dispute. An Amicus Brief filed with the Shenzhen Intermediate Court by Randall Rader, David Kappos and Mark Cohen discussed the problems raised by a court asserting global jurisdiction over a patent pool, which may remain a contentious issue despite this recent settlement.
My Reflections on Testifying Before Congress – 2023
Over the course of the last three months, I spoke at a trifecta of Congressional hearings: the House Judiciary Committee, the Senate Judiciary Committee, and the Congressional US-China Economic and Security Review Commission. Before I had testified I was pessimistic about the prospects for positive IP-related legislation in our national competitive interests. I am now mildly optimistic that Congress can pass necessary IP legislation if both parties in Congress and the Administration work together.
Are Chinese Courts Out to “Nab” Western Technology: An Inconclusive WSJ Article
How accurate was a Feb. 20, 2023 article of the Wall Street Journal that reports on a new development in China’s efforts to nab Western technology? I discuss what the available data says and refute the notion that this development is new. It nonetheless remains concerning.
USPTO Translations of Draft Legislation Now Available
China continues legislating with proposed patent examination guidelines and revised plant variety protection rules. Non-official translations of both documents are available here. The legislative process involved in both these documents has deviated somewhat form prior models.
China’s New Seed Law: Molecular Varieties and Macro Developments
China’s new Seed Law was a positive step forward, particularly in the protection of Essentially Derived Varieties. The status of any needed implementing legislation is less clear.
Recent Translations and Comments on Laws and Cases
Translations and comments are made available on patent and trademark examination guidelines, Seed Law, Plant Variety JI, AUCL JI, and Oppo v Sharp. With regard to the SPC decision in Oppo v Sharp a question is raised concerning China’s efforts to regulate and take jurisdiction over global SEP royalty rate setting.
China IPR - Intellectual Property Developments in China 