Question: We understand that as of March 1, 2012, it is no longer necessary to file paper copies of certified priority documents as long as the foreign priority application was filed in a country that participates in the Digital Access Service. If our priority applications are US applications, will your office automatically file a written request with SIPO to obtain a digital copy of the priority document?

Answer: It is true that we may request Digital Access Service for our clients if a convention application is filed in China (CN) based on foreign priority applications filed in a country that part

Question: One of our clients’ products bearing a registered trademark were detained in the customs in China. The importer (our client, a foreign company) holds registration of the trademark in the foreign country (country T) for the products detained. We wonder whether the use of the trademark on the exported products by the OEM manufacturer of our client fall into the exception to infringement of the trademark registered in China (“the OEM defense”) and the products could be released. In other words, we wonder whether Chinese Courts accept OEM defense so long as the importer (our client)

        Guqin is the oldest musical instrument of China. For the introduction about Guqin, please refer to http://en.wikipedia.org/wiki/Guqin?uselang=zh

         Along with the hotness on Chinese traditional culture in recent years, more and more people get to know Guqin and want to learn more about it. Yesterday, I attended a class of making Guqin, which took place in a tea house in a Hutong in Beijing.

        In the class, the teacher who is younger illustrated how to make Guqin manually according to traditional method. The younger teacher works in a studio for making Guqin, the owner of which is his wife’s father.

PART III Typical Cases to which the 3^rd Amendment of the Patent Law and the Implementing Regulations of the Patent law Applied:

One example is the case of Invalidation of Patent for Design of “3cc Playing Card”, which is one of the 10 typical invalidation cases of the year 2010 announced by the Patent Re-examination Board of China Patent Office.

http://www.cnipr.com/news/gndt/201105/t20110504_133543_9.html

Details of the case:

The applicant for invalidation, the United States Playing Card Company, requested invalidation of the patent for design with the patent number of 200730

PART II Effects on Invalidation Procedures because of the 3^rd Amendment of China’s Patent Law

Issue 1. New causes for patent invalidation because of newly added provisions in the Patent Law:

New Cause 1: Article 5.2 of the Patent Law

“No patent right shall be granted for any invention-creation where acquisition or use of the genetic resources, on which the development of the invention-creation relies, is not consistent with the provisions of the laws or administrative regulations.”

This newly added paragraph aims to implement the principles defined by “Convention on Biologica

Part I Overview of the 3^rd Amendment on China’s Patent Law

The China Patent Law entered into force as of 1 April 1985, and has experienced three times of amendments:

•       The first amendment of the Patent Law entered into force as of 1 January 1993 in order to realize the commitments that the Chinese government made in the “Sino-US IPR Memorandum of Understanding”

•       The second amendment of the Patent Law entered into force as of 1 July 2001 in order to adapt to the needs for China’s entry into WTO.

As we can see, the previous two amendments were conducted somewhat passively.

The third amendme

                                                     CONTENTS

Part I Overview of the 3^rd Amendment on China’s Patent Law

PART II Effects on Invalidation Procedures because of the 3^rd Amendment of China’s Patent Law

Issue 1. New causes for patent invalidation because of newly added provisions in the Patent Law

Issue 2. Effects on use of evidences for patent invalidation because of substantial amendments of some provisions of the Patent Law and the Implementing Regulations of the Patent Law

Issue 3. Effects on examination procedures for patent invalidation because of amendments of some provisions of the Implementing Regulations of the Pate

Q3。。。

Question: A client of ours has filed an Opposition against a European Patent. In China there is a pendin。。。