mHealth Israel_ IP Strategy in China_Ehrlich & Fenster
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IP Strategy in china Roy Melzer Patent Attorney Ehrlich & Fenster
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Transcript of mHealth Israel_ IP Strategy in China_Ehrlich & Fenster
IP Strategy in chinaRoy Melzer
Patent AttorneyEhrlich & Fenster
Medical Devices and Pharmaceuticals Market Access
$1.2 billionExport of Pharmaceutical products from US to china2013
$2.7 billionExport of Medical Devices from US to china2013
China and the US affirm that significantly reducing the time-to-market for innovative pharmaceutical products and medical devices will benefit patients by allowing them to receive better treatment earlier
US, China Put Emphasis On IP Issues19/12/2014 BY WILLIAM NEW, INTELLECTUAL PROPERTY WATCH
http://china.ucsd.edu/_files/np-2015/Panel%201%20-%20LIAN_Larry.pdf
Introducing the USPTO China Resource Center and Various Examples of Empirical IP Data We AnalyzeOffice of Policy and International Affairs, US Patent & Trademark Office, May 19, 2015
SIPO Patent Application Filing Trend
Patent Law enacted in China in 1984
3 Types of Patents:
•Invention patent•Utility Model patent - To encourage domestic IP innovators and protect small inventions•Industrial Design patent
http://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_kul_12/wipo_ip_kul_12_ref_t3d.pdf
Main Differences with Invention System
Invention Utility Model
Subject Matter Product and Process Product Only
Exam System Early Publication and delayed substantive examination
Preliminary Examination
Protection Term 20 Years 10 Years
Novelty Absolute novelty Principle Absolute novelty principle
Inventiveness standard Has prominent substantive features. Represents a notable progress
Has substantive features. Represents progress
Practical applicability Can be made or used, can produce effective result
Can be made or used, can produce effective result
http://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_kul_12/wipo_ip_kul_12_ref_t3d.pdf
Patenting Software in China
NON PATENTABLE subject matters objectionsrelated to computer programs
methods of calculation or rules of mathematical calculation
computer programs as such or computer programs recorded on computer-readable media
playing games rules and methods
http://www.jenkins.eu/news-and-publications/patent-issues-autumn-2014/patenting-software-in-china/
In order to obtain appropriate patent protection for software inventions
Process for resolving a technical problem and reciting specific steps performed by way of executing computer programs to perform specific functions
Connections
between the
components and describes how each function of the computer program is performed by a corresponding component or group of components.
It is not necessary to define the components by their physical structures
Strict one-to-one correspondence between recited means and steps recited in the corresponding method claim
http://www.jenkins.eu/news-and-publications/patent-issues-autumn-2014/patenting-software-in-china/
Patenting Software in China
Draft Amendments to China's Patent Law
This is a comprehensive revision in response to the concerns voiced by the National People Congress (NPC) of patent quality and enforcement matters, and to overall address matters such as reducing the time frame for patent administrative litigation,
refining procedures, and improving enforcement in the online environments.
http://www.hg.org/article.asp?id=35621
On April 1, 2015 the State
Intellectual Property Office (SIPO) released a revised draft
amendment to China’s Patent
Law
The supervision of administrative patent enforcement in eight provinces and regions by the NPC Standing
Committee, launched in 2014
The ongoing campaign to
address counterfeit and substandard
products
the renewed commitment to
amend the Patent SIPO’s desire to ensure its
administrative enforcement system is not sidelined by recent efforts to improve
the judicial adjudication of high technology intellectual
property cases.
Draft Amendments to China's Patent Law
expanding patentable subjects and extending the patent term.The duration of a patent design has increased from 10 years to 15 years under Article 42, which finally brings it in line with the requirement of at least 15 years under the relevant Hague Agreements, therefore attracting potential international applicants
Judicial and administrative authorities powers of investigation and evidence collection
CompensationThe existing Patent Law allows the patent administrative authority to mediate disputes in relation to patent matters, and provides for legal action before the People’s Court if the mediation fails. However, in practice, administrative mediation in regards to compensation matters are unenforceable, therefore resulting in further burdens on the patentee and a waste on administrative and judicial resources.
Delegation of duty to investigate and punitive damagesIn many cases, repeated infringement and infringement by multiple parties occur frequently, therefore patentees must pursue legal actions against each infringer on an individual basis.
