eastmeetswest.european-patent-office.org - news

... the "Roadmap for patent protection in China" has been updated?

admin — Wed, 03 Mar 2010 15:33:53 GMT

The EU-China IPR2 Project is publishing a series of guides for companies seeking practical advice on how to protect their IP in China. The issue on patent protection has been updated in line with the recent changes to the Chinese Patent Law and now also includes further information on the new Implementing Regulations and Examination Guidelines which entered into force on 1 February 2010.

Other roadmaps provide information on "Customs Enforcement in China", "Trademark Protection in China", "Copyright Protection in China" and "IP Protection at Trade Fairs in Europe." The roadmaps can be downloaded as PDF versions free of charge at: http://www.ipr2.org/roadmap. Further information on the EU-China IPR2 Project can be found at: http://www.ipr2.org

... KIPO's Intellectual Property Tribunal plans to expand its super-speed judgment system?

admin — Mon, 01 Mar 2010 14:46:58 GMT

At present, green technology is the only category that benefits from speedy judgments, where a ruling is made by the Intellectual Property Tribunal (IPT) within just four months. However, according to a press release from the Korean Patent Office (KIPO) dated 5 February 2010, the super-speed judgment system will be extended to two more categories as from 2010. These categories are: trials involving the scope of rights in connection with infringement lawsuits (“confirmation trials”) and trials involving corrections requested during invalidation proceedings.

Source: KIPO News (736) of 5 February 2010. Click "Public relations" - "news" and choose article No. 736.

... TIPO has amended its official forms for patent-related matters?

admin — Mon, 01 Mar 2010 08:14:25 GMT

These official forms, in Chinese only, relate to various patent matters (e.g. patent/utility model application, request for substantive examination, filing of divisional applications, filing of amendments, etc.) and are all available as Word documents on the Taiwan Patent Office (TIPO) website. The old versions of the forms may still be used until 31 December 2010.

For links to all new forms and further information, click on: http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=4350 (Chinese only)

... in 2009, more patents were granted to domestic Chinese than foreign companies?

admin — Mon, 01 Mar 2010 08:13:06 GMT

For the first time in China, slightly more patents were granted to domestic Chinese applicants than to foreign applicants. According to Chinese Patent Office (SIPO) statistics, between January and December 2009, 65 491 patents were granted to domestic applicants (50.9%), 63 098 to foreign applicants (49.1%).

Source: http://www.sipo.gov.cn/sipo_English/statistics/

... the Chinese trade mark law is currently under revision?

admin — Mon, 01 Mar 2010 08:11:24 GMT

China is currently in the process of revising its trade mark law, which was first promulgated in 1982. Draft amendments were submitted by the State Administration for Industry and Commerce (SAIC) in June 2009. Among other changes, the draft proposes that the registrable trade mark types should also include colour marks and non-visual marks (sounds, smells, motion) and that multi-class applications should be allowed. In addition, an increase in statutory damages is envisaged. This third amendment is expected to be finalised within the next two years.

You are also referred to these official announcements: http://www.chinaipr.gov.cn/news/government/569744.shtml and http://www.sipo.gov.cn/sipo2008/mtjj/2009/200911/t20091112_480763.html (Chinese only).

The Chinese Trademark Office's English website can be accessed at: http://sbj.saic.gov.cn/english/index_e.asp

... China has passed a tort liability law containing provisions on IPR infringement?

admin — Fri, 19 Feb 2010 11:06:00 GMT

Among other things, the tort liability law regulates liability and compensation for injuries caused by defective products. With respect to copyright, patent rights and trade mark rights, tort liabilities include ceasing the infringing act, eliminating the effects of the act and paying compensation. The new law thus complements related intellectual property laws and may also apply in infringement cases. It was passed in December 2009 and will enter into force in July 2010.

A Chinese version of the law can be found on the website of the National People's Congress at: http://www.npc.gov.cn/npc/xinwen/lfgz/zxfl/2009-12/26/content_1533267.htm

... in 2009, China experienced the highest growth in PCT filings worldwide?

admin — Fri, 19 Feb 2010 11:03:34 GMT

According to provisional statistics issued by the World Intellectual Property Organization (WIPO) on 8 February 2010, China's growth rate in international filings was 29.7% - higher than anywhere else. China has now become the fifth largest PCT user worldwide. Despite the economic crisis, international patent filings in Asian countries continued to rise, Japan being the second largest PCT user (growth rate 3.6%) with Korea in fourth position (growth rate 2.1%).

The complete statistics can be accessed on WIPO's website at: http://www.wipo.int/pressroom/en/articles/2010/article_0003.html#_ftn1

... amendments to the Taiwan Patent Act are officially on the way?

admin — Fri, 19 Feb 2010 10:59:46 GMT

The proposed changes will include animals and plants as patentable subject-matter, new regulations relating to public health issues, and amended time limits and grace periods.

A further aim is to strengthen both patent examination and patent protection procedures. The draft proposals were reviewed by the executive branch of the government ("Executive Yuan") in December 2009 and the legislative process has started.

A bilingual Chinese-English version of the draft amendments can be downloaded via a link at the bottom of the Taiwan Patent Office's (TIPO) official Chinese website: http://www.tipo.gov.tw/ch/AllInOne_Show.aspx?path=2769&guid=45f2e9ed-6a50-488e-8514-47a78e3cc320&lang=zh-tw

... the Taiwan Patent Office (TIPO) has reduced its renewal fees?

admin — Fri, 19 Feb 2010 10:57:49 GMT

TIPO's new patent fee schedule in force since 1 January 2010 includes reduced renewal fees for patents, utility models and designs. Furthermore, new provisions apply to the calculation of examination fees and to the refund of fees if an application is withdrawn.

The new fee schedule and further information can be found here (currently in Chinese only): http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=4222

... KIPO has extended its collection of Korean legal texts available online in English?

admin — Tue, 16 Feb 2010 15:58:12 GMT

English versions of the "Enforcement Decrees" for all industrial property acts are now available online. The "Enforcement Decrees" are regulations further specifying provisions of the respective act and can be downloaded from the website of the Korean Intellectual Property Office (KIPO): http://www.kipo.go.kr/kpo/eng/ (click on "Reference Material - Industrial Property Acts", then on "Select menu")

... SIPO has published a revised version of the "Examination Guidelines"?

admin — Thu, 11 Feb 2010 10:00:47 GMT

In line with the recent revision of the Chinese patent law, the Chinese Patent Office (SIPO) has now also amended its "Examination Guidelines". The new guidelines entered into force on 1 February 2010.

A PDF version of the "Examination Guidelines" is available on SIPO's official website (currently in Chinese only) at: http://www.sipo.gov.cn/sipo2008/zlsqzn/sczn2010.pdf

... the JPO is asking for comments to planned changes to the "Design Examination Standards"?

admin — Tue, 09 Feb 2010 13:29:04 GMT

The aim of the revision of the "Design Examination Standards" is to clarify the scope of design rights and to build an infrastructure for creative activities of designers. An English summary of the draft version of the "Design Examination Standards" is available on the JPO's website. The public may submit comments in English or Japanese until 28 February 2010.

More information can be found here: http://www.jpo.go.jp/iken_e/e_isyousinsa_kaitei.htm

... the European Patent Office (EPO) and the Japan Patent Office (JPO) have announced

admin — Tue, 02 Feb 2010 15:16:11 GMT

the start of a PPH pilot programme?

The Patent Prosecution Highway (PPH) pilot programme will allow applicants to get patents faster and more efficiently from both offices, by enabling each to make use of work previously done by the other and thus reduce duplication. The pilot started on 29 January 2010 and will run for a trial period of two years.

For more details about the JPO-EPO PPH pilot programme, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125a.html

... a PPH pilot programme between the Trilateral Offices, based on PCT work products,

admin — Tue, 02 Feb 2010 15:14:51 GMT

also started on 29 January 2010?

The Trilateral Offices (Japan Patent Office (JPO), European Patent Office (EPO) and US Patent and Trademark Office (USPTO)) have also launched a new PPH pilot programme, utilising PCT work products. For more details, see: http://www.epo.org/patents/law/legal-texts/journal/informationEPO/archive/20100125b.html

... new changes have been made to the Korean Design Act?

admin — Tue, 02 Feb 2010 15:13:10 GMT

Revised Korean Design Act regulations entered into force on 1 January 2010. They apply to all design applications filed on or after that date.

The main changes are:

1. The Korean Intellectual Property Office (KIPO) is now also accepting three-dimensional image drawings. These may be filed in DWG (Drawing), DWF (Design Web Format) and 3DS (3D Studio) formats. Two-dimensional drawings are still accepted.

2. The "orthogonal projection" requirement has been dropped.

3. Classification system have been amended.

4. The number of categories of articles eligible for unexamined design applications have been increased from 6 to 10.

Source: Ministry of Government Legislation (only in Korean):

http://www.law.go.kr/LSW/lsSc.do?menuId=0&p1=&query=%EB%94%94%EC%9E%90%EC%9D%B8&x=0&y=0