The CNIPA adjusted some patent fee standards and payment reduction policies

According to the relevant notice of the Ministry of Finance and the National Development and Reform Commission, the CNIPA has adjusted the patent fee standard and fee reduction policy, which will take effect from August 6, 2024. The specific contents are as follows:

1. Compensation fee for patent right term: when the patentee requests for compensation of patent right term, the fee standard is RMB 200 / piece; if the request meets the requirements after examination, the annual fee for patent right compensation shall be paid, RMB 8000 per year, and the part less than one year will not be charged.

2. Exemption of annual patent fee: 15% exemption during the implementation period of patent open license; if other exemption policies are applicable, the most preferential policies can be selected, but not repeated.

3. International application fee for design: for the international application for design in China through the Hague Agreement on International Registration of Industrial Design, the first and second phases can be reduced according to the relevant provisions of the Ministry of Finance and the National Development and Reform Commission.

4. Change fee: if the name or name of the applicant or the patentee is changed through the change request of the batch description project, and does not involve the transfer of rights, the description change fee shall be paid according to one change.

5. Exemption of PCT application fee: for the PCT application accepted by the acceptance bureau, the application fee and application surcharge are exempted when entering the Chinese national stage; for the PCT application with international retrieval report or patent international preliminary report, the substantive examination fee is exempted when making the substantive examination request is made.

6. The fees charged by the Bureau on behalf of the World Intellectual Property Organization and other institutions and other countries and regions shall be executed in accordance with the agreement between the Bureau and the above-mentioned institutions, countries and regions or the relevant international contracts.

On the same day, the CNIPA issued the Notice on the Payment of Patent Term Compensation Fee and other Related Matters, clarifying the specific enforcement period of relevant adjustments.

ZLWD Commentary：

The adjustment of the patent fee standard and payment reduction policy of the CNIPA reflects China’s pragmatic attitude in optimizing patent management and encouraging innovation. First of all, the establishment of patent term compensation, especially the clear annual fee standard, enhances the protection of the interests of the patentee. Secondly, the reduction policy of annual patent fee, especially the 15% reduction for open license, further encourages technology sharing and open innovation, but if the reduction is greater, it may more effectively promote the widespread application of patented technologies. The policy of exemption of PCT application fee highlights China’s attitude of actively promoting cross-border innovation cooperation in international patent affairs, which is undoubtedly a good thing for enterprises to expand the global market.

The Shenzhen Administration for Market Regulation solicited public opinions on the Guidelines on Cross-border Intellectual Property Transfer License Transaction Business of Shenzhen Municipality

The Guidelines (Trial) aims to provide guidance to enterprises, universities, research institutes and other entities in Shenzhen for cross-border transfer or trading of patents (patent applications) registered with the CNIPA. The specific applicable circumstances include the transfer or permission of intellectual property by the domestic entity abroad, and the corresponding transfer or permission of the overseas entity to China.

The Guidelines (Trial) stipulate that the examination and approval process consists of multiple links, involving different accepting institutions. First of all, the CNIPA is responsible for the administration of the patent transfer license, requiring both parties to sign a written contract, and applying to the CNIPA for the owner change after the patent transfer or license contract takes effect. 

The competent commercial department is responsible for the management of technology import and export. According to whether the import and export, it determines whether the technology is prohibited or restricted in import and export. The process of cross-border patent transfer includes reaching cooperation consensus, applying for relevant licenses or registration certificates, submitting the declaration of description project change, paying the change fee, obtaining the notice of qualification procedures, announcing the registration of change, etc. The process of patent cross-border transfer is similar, but the party responsible for the tax payment is the buyer. The guidelines finally points out that it is not a normative document itself, but provides a reference process, and the specific implementation should refer to the latest requirements and regulations of relevant departments.

ZLWD Commentary：

The comments of the Shenzhen Municipal Regulatory Bureau on the Guidelines on Cross-border IPR Transfer Licensing Transactions demonstrate Shenzhens determination to promote the compliance and transparency of cross-border IPR transactions. The guidelines provide operational guidelines for enterprises and universities, standardize the approval process, and contribute to the smooth progress of transactions. However, multiple approvals may affect efficiency, and a balance between regulatory and simplified processes is needed to avoid a greater burden on the trader.

According to the Development of the National Intellectual Property Agency Industry (2023), Chinas intellectual property agency industry is developing steadily

Data disclosed in Development Status (2023) shows that Chinas intellectual property agency industry will show a positive trend of steady development in 2023. First of all, the scale of the industry continues to grow, the number of new patent agencies reached 855,875 registered branches, and the total number of patent agencies increased to 5,269. In addition, the number of people obtaining patent agent qualification certificates reached 76,230, and the number of practicing patent agents was 34,396. In 2023, the All-China Patent Agency Association and the China Trademark Association organized 312 training courses and conducted more than 50 training sessions, with a total of 37,000 participants, and recommended 4,896 patent litigation agents and 7 technical investigator assistants to the court throughout the year.

The industry examination and approval service is also continuously optimized, and the Guidelines for Qualification Examination further relax the examination conditions; the examination time of the examination from the first weekend of July; the Detailed Rules for the Examination of Administrative Licensing Items, streamlining the approval process of changing and canceling the issue and recovery of the practice license of the patent agency.

ZLWD Commentary：

According to the Development Status of the National Intellectual Property Agency Industry (2023), China’s intellectual property agency industry will expand steadily in 2023, reflecting the increasing maturity and specialization of this field. The number of patent agencies and agents continues to increase, and the training and personnel training efforts are intensified, providing a large number of professional talents for the industry. At the same time, the optimization of the examination and approval services and the adjustment of the examination system reflect the trend of streamlining administration, delegating power and providing efficient services.

Ele.me announced that it would open source for 10 patents and complete its public listing on the Shanghai Technology Exchange

On August 15, Ele.me, relying on the Shanghai Technology Exchange, announced 10 open source patents, of which 7 were in the field of food safety and 3 are in the field of low-carbon environmental protection. The related patents were listed at zero yuan and open to the public free of charge.

Open source patent means that the patent holder allows part or all of the patents held by the patent holder in the form of zero royalties under specific conditions, so as to build the target patent ecology. It is an effective measure to accelerate the development of new quality productivity to play the equity link and information link function of patents in the innovation chain, and strengthen the efficiency role of patents in the industrial chain. For example, Tesla has greatly promoted the overall development of the electric vehicle industry through patent open source.

ZLWD Commentary：

Ele.me opened source 10 patents and was listed on the Shanghai Technology Exchange, demonstrating the positive attitude in promoting innovation and social responsibility. Through the free and opening of patents in the field of food safety and low-carbon environmental protection, Ele.me not only contributes to the improvement of the overall technical level of the industry, but also provides substantial technical resource support for the society. This initiative is expected to promote the construction of patent ecology and the improvement of innovation chain, especially in the key areas of social concern such as low-carbon environmental protection and food safety, but how to guide other enterprises to follow suit and form scale effect is still an important issue.

Supreme court: The different choice of gate materials of CMOS integrated circuit utility model does not distinguish the patent involved from the existing technology scheme using the same wiring layout structure

Chen holds a utility model patent called "the layout structure of aluminum gate CMOS double-layer metal wiring". A Shenzhen electronics Company Limited (hereinafter referred to as "Electronics Company") filed a request for invalidation of the utility model patent, and the CNIPA made a decision to maintain the validity of the patent after examination. The electronics company refused to accept and filed a lawsuit with the Beijing Intellectual Property Court. The Beijing Intellectual Property Court rejected the electronics company lawsuit, and the electronics company appealed to the Supreme Peoples Court.

During the trial, the electronics company submitted a series of evidence to prove the existence of silicon gate CMOS integrated circuit related technology, claiming that the existing technology had given clear enlightenment, not novel or innovative in the case. After the trial, the Supreme Court held that the technical scheme of the patent claim is similar to the silicon gate CMOS in terms of function and use, and are designed to improve the integration of integrated circuits, so the related technology of the silicon gate CMOS should be regarded as the same or similar technical field of the patent involved.

Although the development of gate materials from aluminum to silicon is indeed an improvement of semiconductor devices, the difference between aluminum gate and silicon gate has no material impact on the technical scheme of the double-layer metal wiring structure adopted by the patent involved, and the selection of gate materials should not be used as the technical contribution of this patent. Therefore, the decision and the creativity of the lawsuit and the decision of the first instance involved, which is an error in applying the law. In the end, the Supreme Court revoked the judgment of the first instance and the decision of the lawsuit, and ordered the CNIPA to review it again.

ZLWD Commentary：

The SPCs ruling on this case emphasizes the strict criteria for judging the innovation of patented technology, especially in highly mature technology areas. Although the material of aluminum gate is different from that of silicon gate, it does not show substantial innovation in the structure of double-layer metal wiring layout in the core, and fails to break through the enlightenment of existing technology. Therefore, changes in the gate materials should not be considered as a technical contribution. The ruling puts higher demands on patent applicants, indicating that patent innovation must be significantly different from existing technology in structure, function or technical effect, rather than relying on non-essential improvements such as materials.

Hubei province issued the first batch of data intellectual property registration certificates

On August 15, at the completion ceremony of Data Intellectual Property Registration and Operation Practice in Hubei Province, Cheng Hao, deputy director of Hubei Intellectual Property Office, issued the first batch of 7 data intellectual property registration certificates to 4 enterprises. The registration application covers financial guarantee, information technology, science and technology services and other fields, with high practical value and market potential.

The certificate contains can be based on block chain technology used for registration information authenticity and tamper-proof verification deposit hatch value, by scanning the qr code on the certificate can obtain the registration certificate application scenarios, data source, format size, algorithm rules, can be used as an enterprise legally hold the corresponding data and exercise the rights and interests of preliminary proof, applied to the data transaction circulation, protect the rights and interests scenario, further release the data element value. During the three-day provincial data intellectual property registration and operation practice publicity and training activity, about 23,000 people from the provincial intellectual property management departments, service agencies and enterprises attended the training online and offline, and the live broadcast platform playback reached 106,100 people.

Next, the intellectual property office of Hubei province will be the first registration and certification for a new starting point, vigorously develop data intellectual property registration practice, actively promote registration certificate in promote the marketization of data elements configuration, industry data value, data use of cross-border circulation, further mining release potential value of data elements, promote the elements of Hubei data innovation development, communication and value implementation, give full play to the registration certificate of effectiveness, for Hubei build a more safe, orderly and prosperous digital economy development highland to provide strong support.

ZLWD Commentary：

Hubei province issued the first batch of data intellectual property registration certificates, marking an important step forward in the practice of data property rights protection. This innovative initiative not only provides the legitimacy of enterprises data assets, but also uses blockchain technology to ensure the authenticity of registered information and tamper-proof ability of the enterprise. By promoting the circulation of data trading and the protection of rights and interests, the certificate helps to release the market value of data elements and build stronger competitiveness for enterprises in the data economy. This move has promoted Hubeis leading position in the marketization of data elements and the development of digital economy, and provided reference for the protection of national data property rights.

The Shanghai Municipal Intellectual Property Office issued the 15th Batch of Shanghai Municipal Key Trademark Protection List

In order to further strengthen the protection of the exclusive right to exclusive use of a registered trademark, according to the "management method" (Shanghai know bureau rules [2020] no. 3), combined with part of the trademark holder request and the trademark application in the city market is easy to be counterfeit infringement, need the actual situation, the municipal intellectual property office issued the fifteenth batch of Shanghai key trademark protection list, the release of the key trademark protection list reflects the four characteristics:

1. Highlight the diversification and representativeness of protection priorities. For example, the trademark of "Ruijin Hospital" and "Guangci" of Ruijin Hospital affiliated to Shanghai Jiao Tong University School of Medicine and cultural construction, and the trademark of Xuhui District Library also include some Internet celebrity trademarks, such as "Zhang Liang" malatang "pastry," Guanglianshen ", and" ZuoTing Right Yuan " hot pot.

2. Pay more attention to trademark protection in new business forms and new fields. For example, the trademark of "Zhiji" electric vehicle of SAIC Motor, the trademark of "Bank of Communications" of Bank of Communications Co., Ltd., and "Aada" of CSShip.

3. Pay more attention to the protection of traditional time-honored brands. For example, the "permanent" bicycle trademark of Zhonglu Co., Ltd., the "Yuyuan" trademark of Yuyuan Tourism Mall, and the "Guanlong" trademark of Sanlian Group, etc.

4. Give more prominence to foreign-related trademark protection. The 12 registered trademarks of 6 foreign enterprises are included in the list, such as LOreal of France, ZF of Germany and Muji of Japan.

ZLWD Commentary：

The 15th batch of key trademark protection list issued by Shanghai Intellectual Property Office shows the diversity and pertinence of trademark protection. The list covers not only key trademarks in areas such as life, health and cultural construction, but also trademarks of emerging business forms and web celebrity brands, reflecting a keen grasp of market dynamics. In addition, the inclusion of traditional time-honored brands and foreign well-known trademarks reflects the importance attached to local cultural inheritance and the rights and interests of international brands. The directory will help to strengthen the protection of trademarks easily counterfeit and infringed, and further promote the effective protection of the exclusive use of trademarks in many industries and fields.

The CNIPA has signed cooperation agreements with intellectual property institutions in multiple countries and regions

From September 11 to 13, during the series of meetings of the Third Belt and Road Forum for Intellectual Property, Shen Changyu, Director of the China National Intellectual Property Administration, held talks with various officials, including: Hassanain Haddad, the Syrian Ambassador to China; Muhammed Zeki Durak, Director of the Turkish Patent and Trademark Office; Maria Sanchez Torres, Director of the Cuban Industrial Property Office; Ok Pakch, Secretary of State for the Cambodian Ministry of Commerce; Paksari, Secretary of State for the Ministry of Industry, Technology and Innovation; Uldu Yemeso Balaki, Director of the Ethiopian Intellectual Property Office; Tebaz Bermania, Director General of the African Regional Intellectual Property Organization; Soso Jorjaze, Chairman of the National Intellectual Property Center of Georgia; Vladimir Maric, Director of the Intellectual Property Office of the Republic of Serbia; Panagiotis Kanelopoulos, Director of the Greek Industrial Property Organization; and Rory Woller, Director of the South African Companies and Intellectual Property Commission. They signed bilateral cooperation documents.

Shen Changyu expressed gratitude for the active support and participation of all parties in Belt and Road intellectual property cooperation. He noted that the cooperation between China and various countries has remained steadfast and effective over time. He hopes that through the signing of new cooperation documents, collaboration can be further deepened, taking bilateral cooperation under the Belt and Road framework to new heights.

All parties highly praised China's significant contributions to deepening Belt and Road intellectual property cooperation. They expressed hope that this meeting would serve as an opportunity to expand the scope of cooperation and achieve more fruitful results.

ZLWD Commentary：

trengthening cooperation in intellectual property rights (IPR) will help countries jointly tackle challenges faced by technological innovation and industrial upgrading, thereby promoting high-quality economic development. Meanwhile, by sharing IPR resources and experiences, it can facilitate the widespread application and commercialization of technological achievements, injecting new momentum into the economic development of various countries.

The State Council Information Office held a regular press briefing, where Mr. Wang Peizhang, Director of the Patent Utilization Promotion Department of the China National Intellectual Property Administration, answered reporters' questions.

At a regular press briefing held by the State Council Information Office, in response to a question from a reporter about what measures are being taken to improve the service chain for patent conversion and utilization, Mr. Wang Peizhang, Director of the Patent Utilization Promotion Department of the China National Intellectual Property Administration, answered:

"Patent conversion and utilization are effective ways to promote the realization of the value of innovative results and enhance core competitiveness, stimulating the development momentum of the intellectual property service industry from the demand side. Improving the service chain for patent conversion and utilization has become an important part of promoting the high-quality development of the intellectual property service industry. To this end, we have introduced a series of measures to improve the service chain, strongly supporting patent conversion and utilization, accelerating the release of innovation vitality, firmly establishing the concept of conversion and utilization, and continuously optimizing the structure of intellectual property service supply.

We are expanding the service areas of patent agencies, constructing a full-chain service ecosystem oriented toward promoting patent industrialization, which includes "acquisition—utilization—protection" of patents, to support patent conversion and realization of value. We encourage the development of new business formats and models, enhance the development and utilization of new technologies, and provide integrated patent conversion and utilization solutions for innovation entities.

We emphasize improving the quality of service supply and solidifying the foundation for patent conversion and utilization services. We are developing action plans for cultivating intellectual property service entities and capacity-building programs for patent agency practitioners, enhancing service brand value, and nurturing a number of highly professional and reputable comprehensive intellectual property service organizations and expert talents. These efforts aim to participate in various levels of science and technology project plans, assisting in overcoming key core technologies and patent conversion and utilization."

ZLWD Commentary：

The relevant response released positive signals from the government regarding strengthening the development of the intellectual property service industry, promoting a comprehensive upgrade of the service chain, encouraging innovation and service model reform, precisely matching service needs with major strategic plans, and advancing the international development of the intellectual property service industry. These signals indicate that China will further strengthen the application and protection of intellectual property in service trade, promote innovative development of the intellectual property service industry, and provide strong support for the high-quality development of service trade.

Zhejiang issued the "Opinions on Deepening the Implementation of the Intellectual Property Talent Gathering Initiative and Building a High-Level Talent Base for Intellectual Property"

Recently, to the spirit of the 20th Party Congress and fully implement the provincial committee's deployment on building the "three teams" and the requirements for developing intellectual property talent by the China National Intellectual Property Administration, the Zhejiang Provincial Leading Group Office for Quality Standards and Intellectual Property released the "Opinions on Deepening the Implementation of the Intellectual Property Talent Aggregation Action to Build a High Ground for Intellectual Property Talent" (hereinafter referred to as the "Opinions").

The "Opinions" focus on key aspects and important tasks in building the intellectual property talent team. They implement 16 measures around the "four enhancements" of system, capability, quality, and vitality, strengthening the foundational, strategic, and critical role of talent in the construction of a strong intellectual property province. The aim is to establish a robust concept of "great talent" and use the implementation of the intellectual property talent aggregation action as a central approach to jointly advance the strategies of a strong intellectual property province and a strong talent province.

Enhancing the System: Emphasize the overall planning of intellectual property talent. Establish an integrated mechanism, implement differentiated measures, create diverse platforms, and form a collaborative, long-lasting working system.

Enhancing Capability: Focus on the cultivation of key intellectual property talents. Innovate in the training methods for key talents in areas such as protection, utilization, service, research, foundational knowledge, and internationalization, thereby improving both the quantity and quality of intellectual property talent.

Enhancing Quality: Strengthen education and training for intellectual property talent. Improve training platforms, optimize training methods, broaden training scope, and increase the intensity of education and training for intellectual property talent.

Enhancing Vitality: Enhance the care and motivation for intellectual property talent. Optimize mechanisms for attracting, evaluating, incentivizing, and connecting policies for intellectual property talent, creating a favorable environment for their development.

ZLWD Commentary：

Zhejiang's implementation of the intellectual property talent aggregation initiative aims to strengthen the intellectual property talent team, promote innovation-driven development strategies, facilitate economic transformation and upgrading, optimize the business environment, and serve major national strategic needs. This initiative will not only elevate the overall awareness of intellectual property in society, optimize the talent structure, but also significantly enhance Zhejiang's competitiveness and influence in the international intellectual property field, laying a solid intellectual foundation for the long-term development of Zhejiang and even the country.

In 2024, clues related to issues in the inspection and assessment of intellectual property protection work will be solicited

To thoroughly implement General Secretary Xi Jinping's important instructions on strengthening intellectual property protection, and to fully carry out the decisions and deployments of the Central Committee and the State Council, the China National Intellectual Property Administration, in conjunction with the Central Propaganda Department and the State Administration for Market Regulation, has formed an inspection and assessment working group. This group will conduct inspections and assessments of intellectual property protection efforts across provinces (autonomous regions and municipalities), focusing on how well local areas are implementing General Secretary Xi Jinping's important directives and the responsibilities for intellectual property protection as mandated by the Central Committee and the State Council.

To enhance the relevance of the inspections and assessments, relevant clues will be solicited from various sectors of society in 2024, focusing on the following aspects:

Intellectual property administrative or judicial cases that have not been filed or handled in a timely manner, resulting in damage to the legitimate rights and interests of rights holders.

Frequent occurrences of intellectual property infringement and counterfeiting in key regions and markets, including large-scale and concentrated infringement activities, or the identification of areas as distribution centers for counterfeit goods.

Malicious trademark registrations that "hitch a ride" on well-known brands, celebrities, or trending topics, where effective measures have not been taken to regulate such actions.

Prominent issues in the intellectual property agency and service industries that have garnered strong public concern.

Issues of negligence, bureaucratic inefficiency, or shirking of responsibilities in intellectual property government service positions.

Ineffective execution of valid administrative decisions or judicial rulings related to intellectual property.

Other issues related to intellectual property protection.

Members of the public can report issues and clues through the 2024 Intellectual Property Protection Work Inspection and Assessment supervision hotline (010-81938833) or the "Intellectual Property Protection Clue Feedback" WeChat mini-program. The inspection and assessment working group will organize investigations into the collected issues, gaining a comprehensive understanding of the situation and effectively addressing public concerns.

ZLWD Commentary：

By widely soliciting clues from all sectors of society and focusing on key issues such as the handling of intellectual property administrative and judicial cases, infringement and counterfeiting in key regional markets, malicious trademark registration, irregularities in the agency industry, government service efficiency, and the enforcement of judicial judgments, not only has the pertinence and effectiveness of inspections and assessments been enhanced, but also a favorable atmosphere of public participation and social co-governance has been created.