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Recently, we received some questions related to the grace period for novelty of Chinese Patents. Since this has different rules in different countries, we would be happy to introduce the related rules of grace period for novelty in China in two senarios.
China's Patent Law has gone through four revisions. The latest revision was made in 2020 and has come into effect since June 01, 2021. The amendments are mainly as follows.
China is the country with the most registered trademark in the world - statistics from the China National Intellectual Property Administration (CNIPA) show that as of the end of 2021, there were 37,240,000 valid trademark registrations.
Recently, the failure of Bilibili in the litigation against its trademark Bilibili triggered a heated debate among netizens. Bilibili (aka “Station B”) is a well-known video-sharing platform founded and owned by Shanghai Huandian Information Technology Co., Ltd. ("Shanghai Huandian"). After the development of more than ten years, Station B now covers more than 7000 multicultural communities of various interest circles.
By Mr. Allen Zhou at Jiaquan IP & Law, CN;
Ms. Sejal Rajan at Grant Attorneys, US
In China, a patent invalidation proceeding is often employed in patent infringement dispute cases. If the party accused of infringement wants to make a non-infringement defense, it can either argue that its product does not fall into the scope of the cited patent, or prove that the patent is invalid through the invalidation proceeding.
The year 2021 became the first year of metaverse, and the concept of “metaverse” has soared in popularity since then. All types of industries started to add “metaverse” to their commercial planning and trademark layout, and applying for trademarks containing the term “metaverse” to seize business opportunities.
NNN agreement is short for Non-Disclosure/Non-Use/Non-Circumvention agreement, which means not to tell anyone, not to use the information, and not to go around your back. In recent years, signing NNN agreement has been widely adopted, and became the initial step in dealings with Chinese companies, particularly the original equipment manufacturers (OEMs).
In recent years, the number of trademark applications in China has been at the forefront of the world. In 2021 alone, the total number of new trademark applications in China was nearly 9.45 million. Especially with the explosive growth of small and micro enterprises and the rising of service-oriented consumption, the demand for trademark applications has been increasing rapidly.
During the process of patent examination, many applicants are required to revise their applications on the ground of lacking unity of invention, because the examiner decides that the application contains multiple inventions. Under such circumstances, the applicant may file divisional applications per the examiner’s requests. The initial patent application will thus be divided into two or more applications in order to meet the unity requirement, and these divisional applications may retain the initial application filing date. The priority date may be retained as well if priority had been claimed in the initial application.
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