Navigating the Chinese Patent System: What U.S. Patent Counsel Need to Know

Rimon Partner Letao Qin will be speaking in an upcoming Strafford live webinar, “Navigating the Chinese Patent System: What U.S. Patent Counsel Need to Know.”

Protecting IP in China is an essential element in any global company’s overall strategy. By obtaining and enforcing Chinese patents, U.S. companies can directly pursue alleged infringers in China. China may be favored for patent infringement litigation because patent infringement cases in China are fast-pace and low cost, and because Chinese IP courts are not reluctant to order injunctions. For example, the average time from filing to verdict at Beijing’s IP court is four months vs. the U.S. courts’ two-plus years. U.S. companies and their counsel must understand the Chinese IP system to effectively leverage its advantages.

The China National Intellectual Property Administration (CNIPA) (formerly the State Intellectual Property Office of China [SIPO]) amended its Guidelines for Examination in 2017. The amendments expanded patentable subject matter for business methods, enhanced claiming options for software-related inventions, addressed use of post-filing submission of supplementary data for chemical inventions, and gave public access to prosecution documents of Chinese patents and applications.

In 2018, the People’s Supreme Court of China published a set of draft regulations on adjudicating appeal cases from the Patent Reexamination Committee, seeking public comments. The draft contains several welcoming proposals that, if adopted in the final version, will shift some aspects of the Chinee IP system towards international norm. A finalized version is expected to come out in 2019.

In addition to IP laws, companies seeking to protect intellectual property in China should also consider the Anti-Unfair Competition Law (AUCL). Mostly used by Chinese companies to resolve claims that should, but cannot, be addressed by current IP laws, Chinese authorities have increased enforcement of the AUCL, resulting in substantial fines for companies.

The panel will guide U.S. patent counsel and companies on Chinese patent law and what they need to know about the Chinese system and will address changes to the Guidelines for Examination, current litigation trends, and the AUCL. The panel will offer U.S. companies and counsel best practices for increasing IP protection under the Chinese system.

Dr. Qin will review these and other priority issues:

• How the amendments to the Guidelines for Examination change patentability in China
• The role of the AUCL in IP enforcement in China
• Litigation trends in China and the advantages of using the Chinese IP system

After our presentations, Dr. Qin will engage in a live question and answer session with participants so we can answer your questions about these important issues directly.

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Letao Qin has extensive experience as a patent attorney. Focusing her practice in all aspects of patent and trademark prosecution, procurement and transaction, Dr. Qin has advised Fortune 500 companies, universities, start-ups, and individual inventors to identify, capture, and protect innovations.

Prior to joining Rimon, Dr. Qin was an in-house counsel at IHHI, a start-up company engaged in nuclear energy research and development. As an in-house counsel, Dr. Qin helped to establish the company’s IP program, working with the engineering team on validation of their innovations. She was pivotal in the establishment of a multi-prong IP protection strategy aimed to protect the company’s business interests, regarding patents and trade secrets.  Learn more about Dr. Qin here.