SPC Update:

Recently, the Supreme People’s Court (SPC) issued a notice on the Appellate Jurisdiction of Cases Involving Invention Patent and Other Intellectual Property Contract Disputes. In the notice, the SPC adjusted the jurisdiction of appellate cases of contract disputes related to IP right from the IP tribunal of the SPC to local provincial courts. For more information, click here.

Link: https://www.court.gov.cn/xinshidai-xiangqing-359651.html

IP court Update:

The IP tribunal of the Supreme People’s Court (SPC) published a new case analysis on identification of functions feature in Utility Model patent. The case clarifies that non-structural features in the description and drawings of a utility model patent, which are indispensable for realizing the functions and technical effects defined by a functional feature in a claim, have substantial limiting effect on the functional feature although it may not contribute to novelty or inventiveness of the utility model patent. For more information, click here.

Link: https://ipc.court.gov.cn/zh-cn/news/view-1957.html

Patent Reexamination Division update:

The Patent Reexamination Division recently published case analysis 4 of the top 10 decision in the year 2021. In this decision, the patent office opines that Article 24 of the Patent Law is intended to provide a remedy against disclosure in a specific manner prior to the filing date, with rather limited protection. Once it is discovered that the patent solution has been disclosed by others without permission, the patentee should promptly and within 2 months file a corresponding statement to the patent office to enjoy the novelty grace period and attach materials to actively claim its rights to avoid loss of patent right. For more information, click here.

Link: https://mp.weixin.qq.com/s/05KejDqPyiYMOfEyW1g9IQ