During the past 10 years USPTO has conducted approximately 561 investigations into fraudulent trademark filings from China. These cases have involved US and Chinese trademark practitioners and their clients, and have sought to address a changing landscape of fraudulent activity. Our webinar on October 17 will discuss this changing landscape with two USPTO attorneys, a prominent Chinese trademark lawyer and Mark Cohen from BCLT.
Counting and Discounting Patents – The USPTO Study on Patenting Activity in 5G
USPTO released a study on February 15, 2022 entitled “Patenting Activity among 5G Technology Developers”.
The Report uniquely “examines overall patenting trends as well as trends in patent filings and value indicators in the four most-patented 5G-related technologies. The Report does not fully consider China’s role as a major patent office in evaluating the quality of filings.
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.
USTR and Restructuring China IP Policy
What are the priorities for USTR in engaging China on IP issues? Will USTR reach out to other agencies to build an informed and efficient process to bear on Chinese and IP and tech issues? There are many built-in impediments in the US government structures to making that reality possible.
New Proposals on Science and IP Cooperation with China
I previously blogged about several China-oriented proposals released after the November elections here. Three additional proposals have recently been released that involve how the USG engages China on IP and innovation issues. 1.The […]
Recent Research of USPTO
This is the first in a series of blogs on recent research. The USPTO just released its report on Trademarks and Patents in China, The Impact of Non-Market Factors on Filing Trends […]
Patent Data in a Pandemic
China’s first 10 month 2020 data shows a market increase in utility model patent applications. Is this a response to the pandemic? How does the data compare to USPTO filings for this period?
Draft Judicial Interpretation on Patent Linkage Released by SPC
The Supreme People’s Court issued the its draft patent linkage Judicial Interpretation, the “Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Drug Marketing Review and Approval of Patent” (Draft for Solicitation of Comments)” The deadline for submission of comments on the JI is Dec. 14. The JI sets up a possible jurisdictional battle between the courts and administrative agencies in adjudicating patent linkage cases.
A Webinar Roundup
On September 15, 2020, USPTO is sponsoring a free webinar on “Safeguarding Trade Secrets in China’s China’s Changing IP Landscape” from 9:00-11:00 AM EST. Information is available here. Speakers include Jerry Xia, […]
Unpacking the Role of IP Legislation in the Trade War
Here is my attempt to unpack recent legislation and their relevance to the on-going trade dispute. In recent months, China has amended its Foreign Investment Law, the Technology Import/Export Regulations (“TIER”), the […]
China IPR - Intellectual Property Developments in China 