Navigating the Chinese Patent System: What U.S. Patent Counsel Need to Know

Protecting IP Rights in China, Leveraging Recent Amendments, Understanding Current Litigation Trends and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, November 13, 2018

Recorded event now available

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Program Materials

This CLE webinar will guide U.S. patent counsel and companies on Chinese patent law and what they need to know about the Chinese system. The panel will address changes to the Guidelines for Examination, current litigation trends, and the Anti-Unfair Competition Law (AUCL). The panel will offer U.S. companies and counsel best practices for increasing IP protection under the Chinese system.

Description

Protecting IP in China is an essential element in any global company’s overall strategy. By obtaining and enforcing Chinese patents, U.S. companies can directly pursue alleged infringers in China. China may be favored for patent infringement litigation because patent infringement cases in China are fast-pace and low cost, and because Chinese IP courts are not reluctant to order injunctions. For example, the average time from filing to verdict at Beijing’s IP court is four months vs. the U.S. courts’ two-plus years. U.S. companies and their counsel must understand the Chinese IP system to effectively leverage its advantages.

The China National Intellectual Property Administration (CNIPA) (formerly the State Intellectual Property Office of China [SIPO]) amended its Guidelines for Examination in 2017. The amendments expanded patentable subject matter for business methods, enhanced claiming options for software-related inventions, addressed use of post-filing submission of supplementary data for chemical inventions, and gave public access to prosecution documents of Chinese patents and applications.

In 2018, the People’s Supreme Court of China published a set of draft regulations on adjudicating appeal cases from the Patent Reexamination Committee, seeking public comments. The draft contains several welcoming proposals that, if adopted in the final version, will shift some aspects of the Chinese IP system towards international norm. A finalized version is expected to come out in 2019.

In addition to IP laws, companies seeking to protect the intellectual property in China should also consider the Anti-Unfair Competition Law (AUCL). Mostly used by Chinese companies to resolve claims that should, but cannot, be addressed by current IP laws, Chinese authorities have increased enforcement of the AUCL, resulting in substantial fines for companies.

Listen as our authoritative panel of patent attorneys provides guidance on Chinese patent law and the Chinese system. The panel will discuss the new amendments to the Guidelines for Examination and current litigation trends. The panel will also discuss the AUCL and offer best practices for U.S. companies and counsel to operate in the Chinese system and increase IP protection.

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Outline

  1. Chinese patent law and what U.S. patent counsel and companies need to know
  2. Guidelines for examination amendments
  3. Current litigation trends
    1. The success of foreign companies
    2. Beijing IP court’s decision in Watchdata System Co. v. Hengbao Co.
  4. Anti-Unfair Competition Law
  5. Best practices for operating in the Chinese system to increase IP protection

Benefits

The panel will review these and other priority issues:

  • How the amendments to the Guidelines for Examination change patentability in China
  • The role of the AUCL in IP enforcement in China
  • Litigation trends in China and the advantages of using the Chinese IP system

Faculty

Luo, Rui
Rui Luo

Counsel
Han Kun Law Offices

Mr. Luo's practice focuses on IP litigation and other related dispute resolution matters in China. He has extensive...  |  Read More

Moga, Thomas
Thomas T. Moga

Atty
LeClair Ryan

Mr. Moga focuses his practice on IP and international business transactions. His experience includes the development of...  |  Read More

Qin, Letao
Dr. Letao Qin

Partner
Rimon

Dr. Qin has extensive experience as a patent attorney. Focusing her practice in all aspects of patent and trademark...  |  Read More

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