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Saturday, September 8, 2007

New administrative regulation for patent application

The State Intellectual Property Office of PRC (SIPO) issued a administrative regulation on 27 Aug which will become effective on 1 Oct 2007. As of today, I cannot find the English version on the official web. This is the highlight, with the original numbering:

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....
2. Applicant or Patent Agent should not involved in abnormal patent application;

3. Abnormal patent application includes:
3.1 Same person or legal entity has submitted multiple patent applications with similar contents; or caused to submit multiple patent applications with similar contents.
3.2 Same person or legal entity has submitted multiple patent applications that copy prior arts; or cause to submit multiple patent applications that copy prior arts.
3.2 Patent agent that submit patent applications as described in 3.1 and 3.2.

4. SIPO may take action against abnormal patent application according to patent law and regulations, and may take additional action....
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The Chinese version of this can be found here.

So what happen to incremental improvement to existing technology? On the good side, it protect existing technology, but on the other hand, it discourage small but useful invention. This may be working in line with the recent patent changes in US. However, the new regulation may have a damaging effect on the raise of annual growth of patent application in China, currently running at a rate of 20%+ per year. But like other regulation in China, we cannot only read the words, we really need to wait and see how SIPO exercise the right of this regulation.

4 comments:

Allan_Tsai said...

Thanks for the insight. Any update on this issue?

Sindy said...

Hi, I came across your blog via some random googling. Noticing that your last entry was back in 2007, I'm not sure whether you would see this comment or not. Anyways, I guess it's worth a shot.

I have recently obtained an LLB from the HKU. I also hold a B.Sc(Hons) in Biochemistry and Chemistry from UBC. I've always wanted to combine my passion for science and law together in my career. Thus, I really want to know what are the requirements for being a patent attorney in HK? Is there any qualification/exams that I should take? How did you become a patent attorney?

I'm sorry that there're so many questions, as I am lost as to whether the PCLL is required at all. Thanks in advance~

A lost U-grad in her late 20's,
Sindy

Patent Agent said...

Hi,

I was trying to answer sindy's comment, but there were problem with my hosting service. Now I have changed to a new hosting server, please see me new posting.

For allan_tsai: There was comment that you can patent anything in China, and I am incline to agree to that.

Anonymous said...

Its all in the manual they make you read before they download your being into those tiny bodies in those dark wombs.