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The pilot project of China's State Intellectual Property Office and European Patent Office will be launched on December 1, 2020 Chinese patent applicants will be able to choose the European Patent Office as the international search unitChina's State Intellectual Property Office and the European Patent Office will launch a two-year pilot project. According to the project, citizens and residents of the people's Republic of China will be able to select the European Patent Office as the international search unit for international applications submitted in English according to the Patent Cooperation Treaty (PCT).The pilot project will be launched on December 1, aiming at the PCT applications submitted to the State Intellectual Property Office of China or the International Bureau of the World Intellectual Property Organization as the receiving office. The maximum number of applications in the first year is 2500, and in the second year is 3000.Shen Changyu, director of China's State Intellectual Property Office, pointed out that China attaches great importance to intellectual property work, and Chinese enterprises regard intellectual property protection as the guarantee for the formation of core competitiveness and the realization of sustainable development. The PCT international search unit pilot project of China EU two bureaus is an important achievement of deepening the comprehensive strategic cooperation between the two bureaus, which will facilitate the applicants to obtain intellectual property protection in Europe.Antonio camponos, director of the European Patent Office, said that this is a historic moment in the strategic cooperation between the European Patent Office and the State Intellectual Property Office of China. At the same time, it also shows the trust of the State Intellectual Property Office of China in the high quality work of the European Patent Office. The European Patent Office (EPO) is committed to providing the best service for Chinese and global applicants. It is a great honor to be the first international search unit outside the State Intellectual Property Office of China that can be selected by Chinese applicants.In the transitional phase of the pilot project, for the international application submitted to the State Intellectual Property Office of China and selected the European Patent Office as the international search unit, the applicant shall pay the international search fee in Euro directly to the European Patent Office. In the near future, the pilot project plans to enable applicants to directly pay the international search fee in RMB when they submit their international applications to the State Intellectual Property Office of China.If the applicant is a national or resident of the people's Republic of China and the international search is made by the European Patent Office as the international search unit, the international preliminary examination request for the international application shall be submitted to the European Patent Office, and the relevant fees shall be paid directly to the European Patent Office in accordance with Chapter II of the PCT.The European Patent Office provides the applicant with international search reports and written opinions, and gives clear evaluation opinions on the patentability of the invention, so as to provide the basis for the applicant to judge whether to enter the national / regional stage (especially the European stage) according to the PCT treaty in time. In addition, Chinese applicants who hold the international search report and written opinions issued by the European Patent Office and want to speed up the application process can make an early examination request and enter the European regional stage ahead of time, without the need for European supplementary search.For more information about the pilot project, please refer to the pilot project applicant guide issued by the State Intellectual Property Office of China.Links: guidelines for applicants of pilot projects of the State Intellectual Property Office of China, FAQ Manual of pilot projects of the European Patent Office

From October 14 to 15, the 2020 national intellectual property publicity training course sponsored by the State Intellectual Property Office, undertaken by Jiangsu Intellectual Property Office, and co organized by Nanjing University of technology, the national intellectual property training (Jiangsu) base, was held in Nanjing. Relevant responsible persons from the office of the State Intellectual Property Office, Jiangsu Intellectual Property Office and Nanjing University of technology attended the opening ceremony and delivered speeches. More than 100 representatives from intellectual property offices of 27 provinces (autonomous regions and municipalities), Xinjiang production and Construction Corps, 12 cities under separate state planning and vice provincial cities attended the training.In his welcome speech, Zhi Suping, director of the Jiangsu Provincial Intellectual Property Office and Secretary of the Party group, said that in recent years, the Jiangsu provincial Party committee and the provincial government have attached great importance to intellectual property work, always regarded intellectual property as the basic guarantee for innovation driven development and an important starting point for optimizing the business environment, and comprehensively promoted the construction of a leading province with strong intellectual property. The vigorous development of intellectual property cause in Jiangsu Province has provided rich materials for the publicity of intellectual property and achieved remarkable results in promoting the publicity of intellectual property; the number of manuscripts adopted by the government website of the State Intellectual Property Office has ranked the first in the country for many years in a row; the submission of government information has been steadily improved, achieving a historic breakthrough in the number of manuscripts adopted by the provincial Party committee and the provincial government, and has achieved great success in the country The number of government information manuscripts adopted by the Intellectual Property Office also remained at the forefront. In terms of creating a good public opinion environment for intellectual property development, Jiangsu has also made some beneficial attempts and explorations.The novel coronavirus pneumonia office has been held in charge of the new year's disease. The national intellectual property rights publicity campaign has been sticking to the ideological position, and the publicity of the intellectual property rights has been promoted by the publicity of the "cloud" propaganda of intellectual property rights, and the output of high-quality and valuable publicity and publicity has been achieved. At the same time, a long-term mechanism for public opinion work and a good effort to do well in the society have been established. We will actively explore the guidance of public opinion and achieve actual results. In the next step, the intellectual property publicity work should stick to the soul of thought, promote the deep integration and development of the media, take into account all kinds of intellectual property publicity, such as patents, trademarks, geographical indications, etc., gather all forces, strengthen the team building, and strive to build a more powerful and influential intellectual property "big publicity" pattern.The person in charge of the relevant departments responsible for publicity, e-government and government information of the State Intellectual Property Office also briefed on the publicity work, government website construction and government information work since this year.It is worth mentioning that famous experts and scholars from the Central Party school, the SASAC News Center, Nanjing University and the global times were invited to give lectures in this training course. The training focused on strengthening cultural self-confidence, studying and judging public opinion disposal, guiding external publicity and building new government media. Representatives from Jiangsu Intellectual Property Office, Sichuan Intellectual Property Service Promotion Center, Trademark Office of the State Intellectual Property Office and Hubei patent examination cooperation center of the Patent Office of the State Intellectual Property Office shared and exchanged their experience in publicity work.Representatives at the meeting said that the contents of the training course were vivid, practical and wonderful, which further developed the idea of publicity work and enhanced the confidence and ability of doing a good job of intellectual property publicity work under the new situation.

Recently, Jiangsu Provincial Leading Group Office on the implementation of intellectual property and trademark strategy issued the guidelines for the application for registration and protection of intellectual property rights of foreign-funded enterprises in Jiangsu Province (2020).The guide is a Chinese English version, which explicitly states the Chinese mainland's application for patents, registered trademarks, the process of registering copyright, the right period, the right to license, transfer, termination and so on. It also makes a detailed explanation of how to protect the rights of intellectual property infringement, the infringement of intellectual property rights, the dispute over the right to intellectual property rights, or the award or reward dispute. The list of intellectual property management and service resources in Jiangsu Province is available for foreign enterprises to inquire.It is reported that, in order to facilitate the registration and protection of intellectual property rights such as patents and trademarks by foreign-funded enterprises in Jiangsu Province, the office of Jiangsu leading group on the implementation of intellectual property and trademark strategy has issued the "guidelines for the application of registration and protection of intellectual property rights of foreign-funded enterprises in Jiangsu Province" to the whole society for 9 consecutive years. (Jiangsu)

On the morning of October 15, the signing ceremony of the strategic cooperation agreement between the Provincial Intellectual Property Office and the Jiangsu Center of the Audit Association was held in Suzhou. Zhi Suping, director of the Intellectual Property Office, and Han aipeng, director of the Jiangsu Center of the Audit Association, signed the agreement on behalf of both parties. Members of the leading group of the Provincial Intellectual Property Office, comrades in charge of all departments and affiliated institutions of the Bureau, members of the two committees and leading cadres at the department level of Jiangsu examination and approval association center attended the signing ceremony. On the basis of cooperation between 2017 and 2020, the two sides, in line with the principle of complementary advantages and win-win cooperation, continue to give full play to their respective resource advantages, explore the effective path of intellectual property services for economic development, and jointly explore the way of innovation and accumulate experience for the construction of intellectual property power and leading intellectual property province.According to the cooperation agreement, the Provincial Intellectual Property Office will give full play to the advantages of management resources, assist in building a platform for relevant work exchange, enhance the patent examination ability and intellectual property service level of the Jiangsu Center of AAI, and help the Jiangsu Center of AAI build a world-class examination institution. Jiangsu Center of Audit Association will give full play to its advantages in intellectual resources to provide support for the cultivation of intellectual property talents, the cultivation of intellectual property advantageous industries and enterprises, and the construction of intellectual property protection center in Jiangsu Province, so as to provide strong support for the high-quality development of Jiangsu Province.print off

Decision of the Standing Committee of the National People's Congress on the amendment of the patent law of the people's Republic of China(adopted at the 22nd Meeting of the Standing Committee of the 13th National People's Congress on October 17, 2020)At the 22nd Meeting of the Standing Committee of the 13th National People's Congress, it was decided to amend the patent law of the people's Republic of China as follows: 1、 The fourth paragraph of Article 2 is revised to read: "appearance design refers to a new design which is aesthetic and suitable for industrial application made for the whole or part of the product's shape, pattern or combination of color, shape and pattern." 2、 The first paragraph of Article 6 is amended to read: "the invention creation which is mainly made by the use of the material and technical conditions of the unit to perform the tasks of the unit is the creation of the job invention. The right to apply for a patent for a job invention creation belongs to the unit. After the application is approved, the unit is the patentee. The unit may dispose of the right and patent right of applying for patent for the invention creation of its duty according to law, and promote the implementation and application of relevant invention creation. " 3、 Change article 14 to Article 49. 4、 Article 16 is changed into Article 15, with a new paragraph added as the second paragraph: "the State encourages the units granted patent rights to implement property rights incentive, and adopt equity, options, dividends and other ways to make the inventor or designer reasonably share the innovation income." 5、 Add one article as Article 20: "the principle of honesty and credit shall be followed in the application for patent and the exercise of patent right. No abuse of the patent right shall damage the public interest or the legitimate rights and interests of others. "Any abuse of patent rights, exclusion or restriction of competition, which constitutes a monopoly shall be dealt with in accordance with the anti-monopoly law of the people's Republic of China." 6、 Delete the "and its Patent Reexamination Board" in Article 21, paragraph 1. The second paragraph is amended as: "the patent administration department under the State Council shall strengthen the construction of the public service system for patent information, publish patent information completely, accurately and timely, provide basic patent data, publish patent bulletins regularly, and promote the dissemination and utilization of patent information." 7、 Add one item to Article 24 as the first: "1) for the first time in case of emergency or extraordinary situation of the state, it is made public for the purpose of public interest". 8、 Article 25, paragraph 1, paragraph 5, is amended to read: "5) methods of nuclear conversion and substances obtained by nuclear conversion". 9、 The second paragraph of Article 29 is amended as: "if the applicant has filed a patent application for the same subject matter to the patent administration department under the State Council within 12 months from the date of the first patent application for invention or utility model in China, or within six months from the date of the first patent application for design in China, the applicant may have the priority." 10、 Article 30 is amended to read: "if the applicant requests the priority of patent for invention or utility model, he shall make a written statement at the time of application, and submit a copy of the patent application document first filed within 16 months from the date of the first application. "Where the applicant requests the priority of a design patent, it shall make a written statement at the time of application and submit a copy of the patent application document first filed within three months. "If the applicant fails to make a written statement or fails to submit a copy of the patent application document within the time limit, it shall be deemed that no priority has been claimed." 11、 Article 41 is amended as: "if the patent applicant is not satisfied with the decision of the patent administration department under the State Council to reject the application, he may, within three months from the date of receiving the notice, request a reexamination from the patent administration department under the State Council. After reexamination, the administrative department for patent under the State Council shall make a decision and notify the patent applicant. "If the patent applicant is not satisfied with the decision of reexamination of the administrative department for patent under the State Council, he may, within three months from the date of receiving the notice, bring a suit in the people's court." 12、 Article 42 is amended as follows: "the period of patent for invention is 20 years, the term of patent for utility model is 10 years, and the period of patent right for design is 15 years, which shall be calculated from the application date. "If the patent for invention is granted for four years from the date of application for an invention patent and three years after the date of the substantive examination request, the patent administration department under the State Council shall, at the request of the patentee, compensate for the unreasonable delay in the process of authorization of the invention patent, except for unreasonable delay caused by the applicant. "In order to compensate for the time occupied by the examination and approval of the new drug listing, the patent administration department under the State Council shall, at the request of the patentee, compensate for the patent period for the patent related invention patents obtained the listing license in China. The compensation period shall not exceed five years, and the total effective patent right period after the approval of new drug listing shall not exceed 14 years. " 13、 The "Patent Reexamination Committee" in articles 45 and 46 is amended to "the patent administration department under the State Council". 14、 The chapter name of Chapter 6 is revised to "special license for patent implementation". 15、 Add one article as Article 48: "the patent administration department under the State Council and the Department of the local people's Government in charge of patent work shall take measures together with the relevant departments at the same level to strengthen public service for patent and promote the implementation and application of patent." 16、 Add one article as Article 50: "if the patentee voluntarily declares in writing to the patent administration department under the State Council that he is willing to permit any unit or individual to implement his patent, and specifies the payment method and standard of the license fee, the patent administration department under the State Council shall make a public announcement and implement the opening license. If an open license statement is made for utility model or design patent, an evaluation report on patent right shall be provided. "If the patentee withdraws the declaration of the opening license, it shall be made in writing and shall be announced by the patent administration department under the State Council. The withdrawal of the declaration of an open license shall not affect the effectiveness of the opening permit given earlier. " 17、 Add one article as Article 51: "if any unit or individual has the intention to implement an open license patent, it shall notify the patentee in writing and obtain the patent implementation license after paying the license fee according to the payment method and standard of the license fee announced. "During the implementation of the opening license, the patentee shall be given a corresponding reduction or exemption for the annual fee of the patent. "The patentee who implements the open license may, after consultation with the licensee on the licensing fee, give a general license, but shall not grant exclusive or exclusive permission to the patent." 18、 Add one article as Article 52: "if a dispute arises between the parties concerning the implementation of the opening-up license, the parties shall settle the dispute through consultation; if they are unwilling to negotiate or fail to reach a consensus, they may request the patent administration department under the State Council for mediation or may bring a suit in a people's court." 19、 Article 61 shall be changed to Article 66 and the second paragraph amended to read: "if a patent infringement dispute involves a utility model patent or design patent, the people's court or the Department in charge of patent work may require the patentee or interested party to issue the relevant utility model or design after the search, analysis and evaluation of the relevant utility model or design by the patent administration department under the State Council The patent appraisal report made shall be used as evidence for hearing and handling patent infringement disputes; the patentee, interested party or the accused infringer may also actively issue the patent right evaluation report. " 20、 Article 63 is changed to Article 68, and amended to read: "in addition to assuming civil liability according to law, the Department in charge of patent law enforcement shall order the counterfeiting of a patent to make a correction and make a public announcement. The illegal income shall be confiscated and a fine of not more than five times the illegal income may be imposed; if there is no illegal income or the illegal income is less than 50000 yuan, a fine of not more than 250000 yuan may be imposed; if the illegal income is less than 50000 yuan, a fine of not more than 250000 yuan may be imposed; if the illegal If a crime is committed, criminal responsibility shall be investigated according to law. " 21、 Article 64 is changed to Article 69 and amended to read: "when investigating and punishing suspected acts of counterfeit patent according to the evidence obtained, the Department in charge of patent law enforcement shall have the right to take the following measures: "(1) to inquire the parties concerned and investigate the situation related to the suspected illegal act; "(2) to conduct on-site inspection on the place where the parties are suspected of illegal acts; "(3) to consult and copy contracts, invoices, books of account and other relevant information related to suspected illegal acts; "(4) to inspect products related to suspected illegal acts; "(5) products that have evidence proving to be counterfeit patents may be sealed up or seized.". "When the Department in charge of patent work handles patent infringement disputes at the request of the patentee or interested party, it may take the measures listed in items (1), 2 and 4 of the preceding paragraph."When the departments responsible for patent law enforcement and the departments in charge of patent work exercise the functions and powers prescribed in the preceding two paragraphs in accordance with law, the parties shall assist and cooperate with each other, and shall not refuse or obstruct them." 22、 Add one article as Article 70: "the patent administration department under the State Council may, at the request of the patentee or interested party, handle patent infringement disputes that have a significant impact throughout the country."The departments in charge of patent work of local people's governments shall, at the request of the patentee or interested parties, handle patent infringement disputes, and may deal with cases infringing the same patent right within their respective administrative regions; and for cases that infringe the same patent right across regions, they may be dealt with by the departments of the local people's governments at the next higher level to handle the patent work." 23、 Article 65 is changed to Article 71, and is revised to read: "the amount of compensation for infringement of the patent right shall be determined according to the actual loss suffered by the obligee due to the infringement or the interests of the infringer due to infringement; if the loss of the obligee or the interests obtained by the infringer are difficult to determine, the multiple of the royalty for the patent license shall be reasonably determined. If the circumstances are serious in case of intentional infringement of the patent right, the amount of compensation may be determined at least one time but not more than five times the amount determined in accordance with the above methods. "If the loss of the obligee, the interests obtained by the infringer and the royalty for the patent license are difficult to determine, the people's court may, based on the type of patent right, the nature and circumstances of the infringement, determine to give compensation of less than 30000 yuan but not more than RMB 5 million. "The amount of compensation shall also include reasonable expenses paid by the obligee to stop the infringement. "In order to determine the amount of compensation, the people's court may order the infringer to provide the books and materials related to the infringement if the obligee has tried his best to prove the amount of compensation, and the books and materials related to the infringement are mainly in the possession of the infringer; if the infringer fails to provide or provide false books and materials, the people's court may judge the case by referring to the claims and evidence provided by the obligee The amount of compensation. " 24、 Article 66 is changed to Article 72, and amended to read: "the patentee or interested party has evidence that others are carrying out or is about to commit the act of infringing the patent right or impeding the realization of their rights. If the act is not stopped in time, it will cause irreparable damage to its legal rights and interests, it may apply to the people's court for property preservation and responsibility before the prosecution Measures to order a certain act or to prohibit the making of a certain act. " 25、 Article 67 is changed to Article 73 and amended to read: "in order to stop patent infringement, in case the evidence may be lost or difficult to obtain later, the patentee or interested party may apply to the people's court for preservation of evidence in accordance with law before proceeding." 26、 Article 68 is changed to Article 74, and is amended to read: "the limitation of action for infringement of patent right is three years, calculated from the date when the patentee or interested party knows or should know the infringement and the infringer. "If the patent for invention is not paid a proper use fee after the application for invention is published and before the patent right is granted, the time limit for litigation for the patentee to pay the royalty shall be three years. The time limit for litigation shall be calculated from the date when the patentee knows or should know that others use the invention. However, if the patentee has known or should know before the date of the patent right award, the time limit for the patent right shall be counted from the date of the grant of the patent right "Count." 27、 Add one article as Article 76: "in the process of drug listing review and approval, if the applicant for drug listing license disputes with the relevant patentee or interested person over the patent right related to the drug that is applied for registration, the relevant parties may file a lawsuit in the people's court and request whether the relevant technical scheme of the drug applied for registration falls into the patent right of another person The scope of protection is adjudicated. The drug regulatory department under the State Council may, within the prescribed time limit, make a decision on whether to suspend approval of the listing of relevant drugs according to the effective judgment of the people's court."The applicant for drug listing license and the relevant patentee or interested party may also apply to the administrative department for patent under the State Council for administrative adjudication on patent rights disputes concerning the drugs that are applied for registration. "The drug regulatory department under the State Council, together with the patent administration department under the State Council, shall formulate specific measures for the connection between the approval of drug listing license and the dispute resolution of patent right in the application stage of drug listing license, which shall be implemented after being submitted to the State Council for approval." 28、 Delete Article 72. 29、 Article 73 is changed to Article 79, article 74 to Article 80, and the "administrative punishment" is changed to "punishment". This decision shall come into effect as of June 1st, 2021.The patent law of the people's Republic of China shall make corresponding amendments in accordance with this decision and make corresponding adjustments to the order of the provisions and re publish them. (Xinhua News Agency)

Xinhua News Agency Beijing, October 17, 2008Title: severe punishment of intentional infringement awakens "sleeping" patentThe 22nd session of the Standing Committee of the 13th National People's Congress completed the revision of the Patent Law on the 17th. This is the fourth amendment to the patent law of our country. A series of amendments have been made to strengthen the protection of the legitimate rights and interests of patentees, promote the implementation and application of patents, and improve the patent authorization system, which will provide a strong legal guarantee for further stimulating the innovation vitality of the whole society.Increase the cost of infringement and let the infringer pay a heavy priceTo protect intellectual property is to protect innovation. Over the years, China has continued to strengthen the protection of intellectual property rights, but there is still a gap between the effect of patent protection and the expectation of patentees. There are some problems in patent protection, such as difficult proof, high cost, low compensation and so on.In this regard, the patent law amendment adds a new punitive damages system, that is, for intentional infringement of the patent right, if the circumstances are serious, the people's court can determine the amount of compensation within 1 to 5 times of the amount calculated according to the losses suffered by the obligee, the interests obtained by the infringer or the multiple of the patent license fee. At the same time, the statutory amount of compensation has been increased, with the upper limit of the statutory amount of compensation raised to 5 million yuan and the lower limit to 30000 yuan."This shows China's attitude and determination to strictly protect intellectual property rights in accordance with the law, raise the cost of infringement, let the infringers pay a heavy price, and give full play to the deterrent power of the law." Wang Ruihe, director of the economic law office of the law working committee of the NPC Standing Committee, said.In order to solve the problem of difficult proof in patent cases, the amendment of the patent law further improves the rules of evidence. In the case that the obligee has tried his best to provide proof, and the account books and information related to the infringement are mainly in the possession of the infringer, the people's court can order the infringer to provide, so as to reduce the burden of proof of the obligee.In addition, the amendment of the patent law also improves the relevant administrative protection system and adds the principle of good faith to further improve the effect and efficiency of patent protection.Promote transformation and application, wake up "sleeping" patent"At present, quite a number of patent applications in China have not been well transformed and applied after being authorized, and are still in the" sleeping "stage. Promoting the transformation and application of patents can give full play to the role of patent intangible assets, realize the market value of patents, and provide strong support for the innovation and development of the real economy. " Song Jianhua, director of the law department of the State Intellectual Property Office, said.In order to reduce the transaction cost and improve the efficiency of patent transformation, the patent open license system is newly added in this revision of the patent law, which stipulates the open license declaration and its effective procedural elements, the procedures, rights and obligations of the licensee to obtain the open license, and the corresponding dispute resolution path, so as to solve the problem of asymmetric information between the supply and demand sides of patent technology through government public services."The open license system is an important legal system to promote the transformation and implementation of patents. Its core lies in encouraging patentees to open their patent rights to the society, promoting the docking of supply and demand and patent implementation, and truly realizing the patent value." Song Jianhua said.According to the opinions of the Standing Committee of the National People's Congress and the voices of all parties, the amendment of the patent law also emphasizes that during the period of open license implementation, the annual fee paid by the patentee shall be reduced accordingly, so as to encourage the patentee to voluntarily implement open license and promote the implementation and application of patent.The revised Patent Law also adds relevant provisions that units dispose of the rights related to service invention according to law, and the State encourages the units granted patent rights to implement property rights incentive, so as to further encourage the production and popularization of invention and creation; clarify the responsibilities of the Patent Administration Department of the State Council in charge of the construction of patent information public service system, stipulate that it provides basic patent data, and clarify the local conditions The administrative department of patent shall strengthen the public service of patent and promote the implementation and application of patent.Stimulate the innovation vitality of the pharmaceutical industry and better protect the life and health of the peopleIn order to compensate for the time spent in the review and approval of new drugs on the market, the patentee shall be compensated for the patent term of new drugs related invention patents that have obtained the marketing license in China at the request of the patentee. The compensation period shall not exceed 5 years, and the total effective patent period shall not exceed 14 years after the approval and marketing of new drugs."Drugs are special products, which are closely related to people's life and health, and their accessibility needs to be ensured. At the same time, due to the huge investment in drug research and development, we need strong intellectual property protection. Only by continuous innovation in the field of drugs, can we continuously obtain new safe and effective drugs and overcome diseases. " Song Jianhua said.At the same time, the patent law has been amended to add an early settlement mechanism for drug patent disputes, so as to solve potential patent disputes as soon as possible before the relevant drugs are put on the market."To provide alternative dispute resolution channels for relevant parties can better balance the interests of patentees, generic drug enterprises and the public, improve drug accessibility and protect public health. It should be noted that even if the dispute is not resolved through this mechanism within the statutory time limit, another patent infringement lawsuit can still be filed. " Song Jianhua said. (reporter Zhang Quan)