China IP SME Helpdesk Newsletter

Many SMEs may be wondering whether they should go with administrative actions or bring a civil suit to enforce their rights in a patent infringement case. In this article, Dr Jian Xu, China IP SME Helpdesk external expert points out some of the key principles which can help you decide whether to take a case to the Chinese courts or file a complaint with the Chinese IP Administrative Authorities.

“Starting December 1, 2024, users of the CNIPA-EPO PCT pilot project will be able to pay international search fees in RMB directly to the CNIPA, as per the joint announcement by the European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) on October 23.”

“The TIPO has released the English version of the Patent Examination Guidelines, Part II: Substantive Examination for Invention Patents, Chapter 6 “Amendments” to enhance the international IP community’s understanding of Taiwan’s patent examination process.”

In recent years the Chinese courts have seen more and more digital copyright infringement cases. According to the official documents, the wide applications of new technology” have given birth to new types of IP disputes in the cultural field, bringing a big challenge for judges”. As copyright infringements get more complicated, authorities call for judges to carry out more research on the matter.

From September 1, 2024, the TIPO offers a new three-way conference call system that invention patent applicants can use to facilitate real-time communication and exchange of opinions with their representatives, external examiners, and TIPO examiners. This would help to improve the quality of patent applications and make patent examinations more efficient.