Insights
A Correct Interpretation of Grant Rates for Patents in China
When companies and applicants are applying for patents in China or selecting patent agencies, they may have heard of a term called “Grant Rates”. As the name suggests, “Grant Rates” means the probability of a patent application being granted. It is often used to demonstrate the service quality and professional capabilities of patent agencies. It […]
Usage Environment Feature & Patent Infringement in China
The concept of “usage environment feature” was first introduced by the Supreme People’s Court in a patent infringement dispute between Shimano INC. and Ningbo Sunrun Industry & Trade Co., Ltd. on 2012. In the judgment of the Court, “Usage environment feature” was defined as “a technical feature for the purpose of describing the backgrounds or […]
Obviousness Rejection for Patents in China
During the substantive examination of invention patents in China, the claimed invention may receive an Obviousness rejection. In other words, the invention may be regarded that it does not involve an inventive step by the examiner because it is obvious as compared with the prior art. When the technical solution of the claim is commented […]
PPH, the Best Way to Expedite Prosecution of Patents in China?
PPH, literally the Patent Prosecution Highway, is also an acceleration method of facilitating the prosecutions of patents in China, different from prioritized examination system, and the pre-examination system. However, not every applicant will pass the prioritized examination system or the pre-examination. Specifically, patent applications will be entitled to Prioritized Examination if they involve national key development […]
Patent Reexamination in China VS Patent Appeal in the USA
After receiving a “final” office action which rejects their patent application, an applicant has options for recourse depending on their jurisdiction. In China, the applicant may file a request for patent reexamination to Patent Reexamination Board (PRB), while in the US, the applicant may file patent appeal for the rejection to the Patent Trial and […]
Annual fees of Patents in Hong Kong, Macao, and Taiwan
In the previous article, we have shared annual fees of Chinese patent applications, specifically in Mainland China. This article will talk about maintenance fees of patents in Hong Kong, patents in Macao and patents in Taiwan. Patents in Hong Kong There are three types of patents in Hong Kong, including standard patent, short-term patent, and […]
Patent Open License System in China
China released an Open License System in 2022, which helps to facilitate the smooth flow of patent licence information and reduce market transaction costs.
Everything You Need to Know About Filing Patent Applications in China
In this article, we introduced the types, documents, methods, procedures and fees relating to patent applications in China.
Functional Feature & General Feature & Infringement Judgment
For “functional feature” of patents in China, the Guidelines for Patent Examination stipulates that “technical feature defined by function in a claim shall be construed as embracing all the means that are capable of performing the function”. From this definition, it seems that “functional feature” covers a broader protection extent than “general feature”. However, in […]
Patent Maintenance Fees in China
If a Chinese patent is granted, it should be kept in force by paying annual maintenance fees. Different patent types have different patent terms and annuities.