China Truer IP Rated a Star Patent Agency
Recently, hosted by the newspaper of China Intellectual Property News, the result press conference for "2014 Overall Strength Evaluation of China's Patent Agency Industry" was held in Beijing. Based on the preliminary objective data of the organizing committee for the Evaluation, questionnaires and expert reviews, China Truer IP was rated a star patent agency and its patent agent Mr. Jiang Yaochun a star patent agent.
"Draft Revision of Patent Administrative Enforcement Procedures" Solicits Public Opinions
Source: State Intellectual Property Office
With the rapid development of China's economy and society, technological progress and the intensified market competition bring new situations and new issues to patent protection. Judging from the problems found in the special operation of "Fight Against IPR Infringement and Counterfeiting" and the inspection of Patent Law enforcement conducted by NPC Standing Committee, it is essential to further strengthen and improve the patent administrative enforcement. In recent years, with the development of virtual economy and the rise of e-commerce, patent protection has become the focus of social concerns.
Lately, in order to implement relevant documents of the Party Central Committee and the State Council, resolve outstanding issues in the practice of patent protection, and better regulate patent administrative enforcement, the State Intellectual Property Office revised the "Patent Administrative Enforcement Procedures" and thus formed the "Draft Revision of Patent Administrative Enforcement Procedures" (hereinafter referred to as "Draft "), which has been made public for opinions until March 15, 2015.
The "Draft" explicitly stipulates that for cases involving infringement disputes on invention patents or utility model patents, the administrative authority for patent affairs shall close a case as such within 3 months starting from the date of docketing it; and close a case of infringement dispute on design patent within 2 months starting from the date of docketing it. Also, the administrative authority for patent affairs shall strengthen law enforcement in the field of e-commerce, timely mediate, handle patent infringement disputes on e-commerce platforms, and investigate and deal with patent counterfeiting acts without delay. The "Draft" also explicitly stipulates that the administrative authority for patent affairs may notify e-commerce platforms to take measures such as deleting or blocking relevant web pages for suspected infringing goods, so as to timely stop infringement and patent counterfeiting acts.
Link: "Circular of SIPO about Soliciting Public Opinions on 'Draft Revision of Patent Administrative Enforcement Procedures'"
Guangzhou Intellectual Property Court Holds Its First Court Hearing with a Strike of Gavel
Release time: January 22, 2015 Source: China News
As one of China's first three officially-approved professional institutions for hearing intellectual property cases, Guangzhou Intellectual Property Court held its first court hearing on January 21 with a strike of gavel. According to the person in charge of the Court, the Court accepts as many as 539 cases of various kinds for the first month, which means averagely 40 cases for each of the 13 presiding judges, and the number is still growing.
Nationwide Popularization of CEPCT System Fully Started
Release time: January 21, 2015 Source: website of the State Intellectual Property Office
According to relevant departments of SIPO, recently, the nationwide popularization of China PCT Application International Phase Review and Process Management System (CEPCT system) started in January of this year. And the PCT-SAFE client used before for PCT application will be put out of use in 2015.
According to the introduction, CEPCT system, first put into use on August 18, 2014 and independently developed by the SIPO, is a system for whole PCT business process that integrates new PCT application, submission of intermediate documents, case management, information inquiry, notice reception and online payment. To improve China's ability and foreign service quality in PCT business, SIPO has started to popularize CEPCT system to China's PCT applicants and service agencies since January of this year and plan to hold 10 promotion and training activities in 2015 in the country.
It is reported that submitting applications via CEPCT client can still enjoy the same expense reduction or exemption as PCT-SAFE. Since its putting into use, a number of users or agencies have applied to SIPO for relevant business transaction of PCT application via this system.
"Decision of the Supreme People's Court on Revising 'Several Provisions of the Supreme People's Court on Issues Concerning Applicable Laws in the Trial of Patent Disputes'" Deliberated and Approved.
Release time: 2015-01-20 10:30:47
www.Chinacourt.org (Li Yanbo) - According to the website of the Supreme People's Court, Zhou Qiang, Chief Justice and President of the Supreme People's Court chaired the plenary meeting of the Judicial Committee on January 19, 2015. The meeting deliberated and approved "Decision of the Supreme People's Court on Revising 'Several Provisions of the Supreme People's Court on Issues Concerning Applicable Laws in the Trial of Patent Disputes'". The meeting also deliberated part of the articles of "Provisions of the Supreme People's Court on Several Issues Concerning the Strictly Lawful Application of Civil Trial Supervision Procedure to Instructed Retrial and Remanded Retrial".
First Circuit Court of the Supreme People's Court Established in Shenzhen
Source: Guangzhou Daily
Xinhua News Agency, Beijing, January 6 (Reporter Luo Sha) - Reporter learned on the 6th from the Supreme People's Court that its Judicial Committee deliberated and approved on the 5th the "Provisions of the Supreme People's Court on Several Issues Concerning the Case Hearing by Circuit Court of the Supreme People's Court". The Fourth Plenary Session of the Eighteenth Central Committee decided that Circuit Courts shall be established by the Supreme People's Court to hear major administrative, civil and commercial cases involving more than one administrative regions. On December 28, 2014, the Twelfth Session of the 12th NPC Standing Committee adopted by vote the appointment and dismissal list, appointing Liu Guixiang Chief Judge of the First Circuit Court of the Supreme People's Court, and Hu Yunteng Chief Judge of the Second Circuit Court of the Supreme People's Court. In addition, four Deputy Chief Judges of Circuit Courts were appointed.
Sun Jungong, spokesman of the Supreme People's Court, said earlier that according to the pilot program approved by the Party Central Committee, the First Circuit Court of the Supreme People's Court shall be established in Shenzhen City of Guangdong Province, and the Second Circuit Court in Shenyang City of Liaoning Province. The two Circuit Courts will accept and hear cases in the beginning of 2015.
Circuit Courts established by the Supreme Court function as its local institutions and are equivalent to the Supreme Court at the level of trial. Judges of Circuit Courts also come from the Supreme Court after they have been selected by the Court from its courts for different kinds of cases and then dispatched and stationed in Circuit Courts on a rotating basis for a certain period of time. The judgment of Circuit Court is same as that of the Supreme Court in validity. Both are final.
The Application of Utility Model Patent with the Execution of Its Functions Relying on Conventional Computer Programs May Also Be Successful
China Truer IP acted as the agent for the reexamination case of the utility model patent of Shenzhen Jieshun Science & Technology Industry Co., Ltd, and successfully caused the Patent Reexamination Board to make the decision (No. 79718) for the revocation of the rejection decision made before by the State Intellectual Property Office on the application of the utility model patent.(application number: 201220616016.1).
Shenzhen Jieshun Science & Technology Industry Co., Ltd applied for a utility model patent named "Conference Management System Based on Face Recognition", the examination department of SIPO for utility model patent thinks, after examining, that since the function realization of the two technical characteristics of "Device for Conference Management and Generation of Conference Authority" and "Face Recognition Device" in Claim 1 must rely on computer programs, and because method is the characteristic of computer program, therefore, the two technical characteristics are the ones that involve the improvement of method. As a result, the Claim does not comply with the provisions of Paragraph 3 of Article 2 of the Patent Law and thus does not belong to the protected subject matter of utility model, and thereby SIPO made the rejection decision. China Truer IP, entrusted by the applicant, applied to the Patent Reexamination Board for reexamination. Based on the provisions of the Patent Law on the protected subject matter of utility model, the agent made well-grounded rebuttals against the rejection grounds, stating that just because the product function modules of the utility model rely on computer software is not sufficient enough to affirm the view that the product does not belong to the protected subject matter; and the utility model does not contain any technical characteristics proposing for the improvement of method, and the function limitation in Claim of right about the devices is not the same as proposal for the improvement of method, and thus it is in line with relevant provisions of the Patent Law. The collegiate group of the Reexamination Board agreed completely with China Truer IP, indicating that: existing electronic devices often contain computer programs, such as U disk, monitor and other devices, and these electronic devices realize their functions of data storage, transmission, display and others through entities with specific structure. Although the storage function of these devices needs to use or run certain software programs, but these apparatuses or devices themselves belong to physical devices that have a definite shape, structure and occupy some space, and thus should belong to the protected subject matters of utility model. Finally, the Reexamination Board revoked the rejection decision made by the examination department of SIPO.
This case is very typical for the current application and examination of utility model patents, and the success achieved in reexamination is of great significance to the large number of applicants. As can be seen from the conclusion of the case, the Reexamination Board has made it clear that if the function module itself is a physical device that has a definite shape, structure and occupies some space, then even though the execution of the function must rely on conventional computer programs, still the applicant can define the product structure of utility model by way of function modules, and Claims of right written in this way are in line with provisions of the Patent Law on the protection of subject matters of utility model. Just as the key points of the reexamination decision indicate: "if the technical solution of the utility model is made up of shape and structure of the product or its combined technical characteristics, and on the whole, its technical solution does not include improvements to method, then it should belong to the protected subject matter of utility model."
An Invention Patent of Skyworth Agented by China Truer IP Won the Excellence Award of the 15th China Patent Award
Agented by China Truer IP, the invention patent named "A Self-adaptive Control Apparatus and Method for Display Quality of LCD TV" (patent number: 200610061838.7) won the Excellence Award of the 15th China Patent Award. The patent owner of the invention patent is Shenzhen Skyworth-RGB Electronics Co., Ltd. China Truer IP was entrusted by the company for the patent application in 2006, and the patent won the award in 2009.
China Truer IP Holds Lecture "Methods for Visualizing Patent Mining and Layout"
On December 23, 2014, "The Use of TRIZ in Patent Layout", hosted by the Shenzhen Intellectual Property Office and assisted by China Truer IP, was successfully held at Shenzhen Vienna International Hotel. Dozens of representatives from enterprises and institutions, intellectual property agencies and law firms attended the lecture.
Mr. Yang Yijie of IWINT Inc., international Grade 2 expert in TRIZ certification, was invited to give lectures. On the theme of "The Use of TRIZ in Patent Layout" and combined with actual cases, he made a wonderful lecturing. Mainly from the two aspects of "Patent Cracking Technology", "Patented Layout Method", Mr. Yang Yijie, combining with the analysis of actual cases, lectured on "Patent Application Strategies and Skills, Technology Innovation and Patent Protection, Establish Function Model through System Analysis, Rules of Changing Principle Function for Deep Cracking of Patent Research and Development - the Evolution Law, Powerful Tool for Patent Layout - Evolutionary Tree" and other key points. Through the lectures, everybody obtained the precious practical experience and had a deeper understanding of using TRIZ in patent layout.
Integrated Patent Operation Platform "Patent 1.Cn" Established by Beijing Patent Agent Association" Formally Launched
In December, 2014, Patent 1.Cn, the integrated patent operation platform established by Beijing Patent Agent Association, was formally launched. The platform is designed to provide network-based package solution for services after the patent licensing, including the transfer of patent rights, patent granting, patent granting coupons, patent exploitation financing, patent investment and other services.
Compared with other or similar platforms on the market, this platform gives detailed and complete information, supports one-click transaction and the direct communication between the two parties of the patent transaction, and does not charge any party for information, documents login and transaction costs.
For more details, visit http: //www.patent1.cn.
China Truer IP Holds Lecture "Methods for Visualizing Patent Mining and Layout"
On December 23, 2014, the lecture of "Methods for Visualizing Patent Mining and Layout", hosted by the Shenzhen Intellectual Property Office and assisted by China Truer IP, was successfully held at the Sichuan Hotel in Shenzhen. Nearly one hundred representatives from enterprises and institutions, intellectual property agencies and law firms attended the lecture.
In the lecture, Mr. Jiang Yaochun, General Manager of China Truer IP, gave lessons on methods for visualizing patent mining and layout, including patent mining and layout for a specific technical theme and writing layout for a specific patent application. Combining with actual cases, Mr. Jiang Yaochun analyzed in detail the key contents, which gave everybody a better understanding of methods for visualizing patent mining and layout and at the same time also expanded their thinking.
More China Truer IP Employees Pass the 2014 Patent Agent Qualification Examination
The passing score for the 2014 National Patent Agent Qualification Examination was published on December 16, and three more people at China Truer IP passed this examination. The passing rate of China Truer IP for this year is 100%.
China Truer IP Holds "Seminar on European and Eurasian Intellectual Property Strategy"
On December 9, 2014, "Seminar on European and Eurasian Intellectual Property Strategy" was held at the Sichuan Hotel in Shenzhen. It was hosted by the Shenzhen Patent Association, and jointly assisted by China Truer IP and the European law firm of METIDA. Nearly one hundred representatives from enterprises and institutions as well as intellectual property agencies attended this seminar. Mr. Zhang Bin, secretary of Shenzhen Patent Association was also invited to be present.
The seminar invited the two partners of the European law firm of METIDA, practicing lawyer Erikas Saukalas and patent consultant Dr. Jacekas Antulis, to give lectures on European and Eurasian strategies in patent, trademark application and protection, including the advantages and disadvantages of European Union (EC) trademark and the Madrid trademark system, the registration process of EC trademarks and designs, how to apply for EU (EC) trademarks (CTMA) and register EC designs (RCD) online, the settlement of EC trademark disputes, the processing of European Patent Office (EPO) and Eurasian Patent Organization (EAPO) in patent and the various possibilities, analysis and outlook of the advantages and disadvantages of the future European unified patent system, analysis and discuss of the actual registration cases of EPO and others. Meanwhile, for audience to better understand the key points, the seminar and Q & A session are conducted in Chinese and English.
Through this seminar, audience had a more in-depth, detailed and comprehensive understanding and distinction in application, implementation and protection strategies of patent, design, trademark and other intellectual properties in European and Eurasian regions. Some business representatives made it clear that "Many of the doubts and questions we have before in the application and implementation process have gone after attending the seminar, and some of the strategies are indeed very useful, we might give them a try in the future."
For those who want to know more and obtain solutions for free, please contact us immediately.
Notice on the Putting into Operation of the Testing System for Patent Data Service
Release time: 2014/12/11 Source: website of the State Intellectual Property Office
In order to expand the scope of sharing the basic intellectual property information resources and to meet the needs of the general public for basic domestic and foreign patent data, the State Intellectual Property Office developed the testing system for patent data service, which is to be officially put into operation on December 10, 2014.
The testing system for patent data service provides the general public FTP download services of the updated data of the basic domestic and foreign patent data for 30 calendar days. Currently, there are all together 20 different kinds of basic patent data resources mainly from China, the United States, Europe, Japan and South Korea. Detailed category of the patent data resources, data update cycle and data books have been published in the testing system for patent data service.
After having registered and logged onto the testing system for patent data service, selected the desired data resources, printed and signed the "Data Use Agreement", Users then obtain the FTP download permission for the patent data resources they applied for. For detailed patent data service process, please see attached diagrams.
The registration and using of the System and data download during the testing period are for free. According to the Agreement, all or part of the patent data users obtain from the System may not be provided to a third party.
For the details of the testing system for patent data services and the address, please visit the official website of SIPO (www.sipo.gov.cn) and click on "Patent Data Services" in the section of "Services" or directly log onto http://patdata.sipo.gov.cn /.
The Notice is hereby notified.
State Intellectual Property Office
December 10, 2014
Attached diagram: Flow Diagram for Patent Data Service.pdf
China Truer IP Writes for Free for "Breaking Zero" Patents of Some Small and Micro Businesses
In October 2014, the State Intellectual Property Office issued the "Opinions on the Support of Intellectual Property for the Development of Small and Micro Businesses", proposing that "Encourage each agent to provide free agent service to small and micro businesses for more than one patent application every year." In response to the Opinions, China Truer IP decides to write for free for "Breaking Zero" patents of some small and micro businesses, hoping to support their development with the intellectual property by doing its bit.
China Truer IP Becomes One of the First Companies to Pass the 2014 Evaluation of Management Standards for Patent Agencies in Guangdong
According to the "Measures for the Implementation of the Evaluation of Patent Agencies in Guangdong on Management Standards", Guangdong Patent Agency Association organized the Evaluation in 2014. Through procedures that included enterprise's voluntary declarations, preliminary examination, site visits and final examination, China Truer IP passed the evaluation and was recognized by Guangdong Patent Agency Association as one of the first standard patent agencies.
What I Have Learned From Ti Tzu Kui
I.
How time flies! Without my knowing it, I have already been in China Truer IP for more than four years. Also, I have come into contact with Ti Tzu Kui for quite a long period of time, yet every time I start reading the precepts of the book, I can't help but remember the five days and four nights I spent in Green Wave Garden learning thirstily.
In this year, there're so many things I should have done but I haven't. In particular, my parents are advanced in years, but I cannot often sit beside them and attend to their needs. I feel so guilty about it. The only thing I can do is go home on a regular basis every month to see how they are and help with housework. Yet, against my will, sometimes I feel my coming home turns out to be a burden for them. Every time, my mother would buy fruits and other food, make delicious soup ready for me to drink the time I get back home, as she knows I hardly cook soup here. I think for many parents, they'll feel happy and satisfied enough for just seeing their children, they don't have to do anything or say anything.
"One often feels sad during the three years of the death of one's parents" "One should obey all the customs for the funeral of their parents and hold memorial services for them most sincerely." These are the precepts teaching us how to be filial after the passing away of our parents. However, we can't just wait until a later time to be filial. "When children are ready to look after their parents, yet their parents have already gone." This is the saddest thing that can ever happen. Do something and make every minute count when our parents are still living and in good health. There's nothing meaningful to be done if parents are not there anymore. To be filial should not be reduced to just a show. Extravagant and waste funerals when they are dead are a lot less meaningful than a clothes for warmth and caring greetings when they are still around.
Although I am married, but deep in my heart, I will never become estranged with my parents just because I have had a family of my own. Instead, I will often go home and look after them, with their son-in-law together with me. If I really cannot go home often, I have made it a habit to call home every week, having a chat with them about some little things. It's nothing but just a little comfort for them.
In the past, it's so easy for me to get angry and often quarrel with my elder sister because of the lack of understanding. Now I also start to learn to be tolerant. "Say nothing if you haven't anything nice to say, then anger and hatred can be found nowhere." You'll regret what you said in a fit of anger, so try not to say anything hurting even when you are quarreling with someone, more so for husband and wife. For this, my husband and I have made an agreement, promising not to say any angry words when quarreling and bury the hatchet the same day as we quarrel, so that we won't wake up next morning still feeling angry and hurt.
As I'm getting old, I can understand more than any time before the precept that "It's so easy to get old, and we should cherish the present." A good health is the base for all. No matter how busy you are, keep an eye open for your health. Before, I often skipped meals when busy, thinking it's not a big deal for a young me. However, it's a thing I cannot afford to do now.
"Promise nothing you can't keep." I really like this one. I was brought up to believe that one should be honest and keep his words. A promise is a promise. So, do what you said, be it your family members, friends, or strangers. It's especially true for young kids. Never promise to kids easily, because the world in children's eyes is the purest one. Sometimes adults might think they are just joking when promising, but kids will always remember what you promised but failed to fulfill, which will make them feel sad and disappointed or even will have a huge negative impact on their growth in the future. Therefore, for the healthy growth of the next generation, adults must make themselves a good example.
Today's society is becoming more and more complicated, as a result, there's less and less trust among people. These days it seems you can never turn on a TV without seeing some nice guys getting burned for the good deeds they have done. As for this phenomenon, I also feel very puzzled. Sometimes it's really not that I'm not willing to help others, but I just fear that I might get my feeding hands bitten by those I'm trying to help. On one hand, we should always keep our guard up and learn how to protect ourselves, on the other hand, we should be ready to lend a helping hand for things within our ability when it's safe for ourselves, say, in a public place with a lot of people or you are with your male friends.
In addition to moral cultivation, it's also important "for us to learn some knowledge with our left strength". You'll feel as if there's something missing if you have not opened a book for a long time. I learned it from my own experiences. For a long time I read nothing. Instead, I spent most of my spare time on the net and mobile phone. After a certain period of time, I don't feel at ease as if I had lost something. Because people are likely to feel restless without book, and only by reading book can people feel peaceful in mind and think deeply.
I consider myself very lucky to be able to bump into such a treasure as Ti Tzu Kui when there is still time for me to make some changes to my life. I hope in the future I can learn more and get more inspirations from the life experience of ancient sages, so that in the face of setbacks there would be a light guiding my way forward and more positive energy to fill me with.
II.
I once learned a saying "Of all virtues, filial piety is most important." I didn't have a profound understanding of it at that time, but I thought there must be some truth in it and kept it in mind ever since. Also because of this saying, I came to Shenzhen from Chongqing, and from growing up with my grandparents to living together with my parents. After I graduated from university, my parents said: finally we could live together as a family, and they wouldn't have to envy other families where parents and children live together. I do not have much of a rebellious youth, so I came to Shenzhen as I was told to.
Only after I have learned Ti Tzu Kui have I started to understand the profound meaning of "Filial Piety". My parents told me to come to Shenzhen without any delay, which made me start to fantasize about a happy life with them. However, perhaps because my experience of growing up with my grandparents and the generation gap between us, I didn't get along so well with my parents at first and we were not that close. There was even a period of time when we just couldn't agree with each other on anything. I began to realize that all the good feelings I had for them were only because of the distance. There is very little parental care in my childhood. When I find today's schoolgirls are showered with love and care from their parents, it's hard for me not to envy them. I would ask my parents why they didn't seem to care too much about my academic performance in school; and why they didn't even come back home, not just a month, to show support and care as other parents did when I was going to take the college entrance examination. My mother would refute me that they were busy at that time making money. I was not convinced by this excuse of her, so I kept answering back." If your parents love you, it's not hard for you to be filial to them; if your parents hate you, yet you are still filial to them, that's what makes you a person of virtue." Even though my parents had hated me, I should still be filial and become a person of virtue. What if they did love me! That's when I started trying to think from my parents' point of view. They have their share of the difficulties of life, and the life experiences they have gone through makes it hard for them to express love and care. The only thing they can do is work silently like a horse to support the family.
From Ti Tzu Kui, I have really learned a lot. Filial piety is the beginning and what I want to do well the most at this time. The trees might want to keep still, yet the wind won't let them; the children might want to take care of their parents, yet their parents have already gone. What a regretful life it can be! "Try your best to do what your parents love to do." Even if it just means going shopping with your mom and playing cards with your dad. I will continue to learn Ti Tzu Kui well, and I believe that tomorrow will be better.
III.
Ever since I got to know the book Ti Tzu Kui and started to learn in November, 2012, three years have passed. In these three years, I have got to say the influence of this short book on my attitude towards life can never be ignored. "Ti Tzu Kui": "Ti Tzu" refers to disciples or students; and "Kui" means rules. Just like a saying goes "It's never too old to learn." As students, each of us should learn all our life and follow the rules of "Ti Tzu Kui" to improve our self-discipline, restrain our behavior, and even to change our attitude towards life, while at the same time making people around me benefit from my learning it.
Living and working in a fast-paced city, facing with negative energy in life and people's restless mood, the importance is self-evident for us to keep a calm and positive attitude. " What's important for us is virtue, talent and skill, so if we're not as good as others in these aspects, we should motivate ourselves to catch up; as for clothes and diet, if we cannot wear and eat as well as others, we should not feel inferior and worried." It's not how well one eats, wears or lives that makes him or her stand out confidently in society, actually it's because he or she is able enough to convince people and virtuous enough to win respect. Ability and virtue are with you all your life. It can bring you tangible and intangible wealth; while food and clothing are just basic human needs. What we should focus on is how to constantly improve our ability and virtue.
"It's also a good thing to do to speak well of others, and if others get to know it, they would make even greater efforts to be better." People need to be encouraged and recognized. It's also a virtue itself to truthfully praise others for their virtues. What's more, there's honor involved, so if a person is praised and recognized by others, he or she would surely try to be even better in the future just to live up to the praise of others.
"If we find virtues in others, we should make efforts to catch up, and even if we are left far behind, still we should try to shorten the gap gradually yet persistently; if we find evils in others, we should make self-examination, and if we have any, get rid of it, if not, keep alert." We can see good deeds everywhere, and when we see people doing good deeds, we should ask ourselves: can I be as kind as them to do the same? Even though there's a big gap, still we should keep trying to catch up. Some people would say it's just hard to do good deeds without rewards. True, often we cannot immediately get rewards for the good deeds we did, but eventually we will find someone (not necessarily the same person you helped with) or society is rewarding you in another way. When we see virtueless or evil acts, instead of starting curing or disdaining others, we should first ask ourselves whether or not we have done the same before, otherwise, it's like we are disdaining ourselves and slapping our own face.
Speaking of the influence "Ti Tzu Kui" on people around me, every Chinese New Year when I got back home, I would always ask my younger brothers and sisters whether or not they could recite it. Some said they hadn't even heard of it, and the others said they did recite, but knew nothing about its meaning. When it comes to the education of kids, what's more important is the influence of environment, especially the behavior of those around them. Therefore, to educate the young, teaching them what they should do is far from enough, instead, we should also teach by examples and do what we preach first, so that they will know what kinds of behaviors are acceptable to others. If the kids are only told what to do, then they either don't know how or don't even understand the meaning. For our seniors, we cannot tell them what to do and what not. As long as we have tried our best to put what we have learned into actions of being filial to elders, then we are setting a good example for our children to pass on.
It's never too old to learn. We can never stop learning: we learn how to behave, how to do things, how to work, how to be filial to parents, and how to treat others well. "Ti Tzu Kui" has been useful for everyone since ancient times. If you can really put some heart into learning it and follow its teaching, then you can benefit from it your whole life.
IV.
Thank the leadership of the company for organizing again the recitation of Ti Tzu Kui. The whole content of the book has been deeply imprinted in my mind. This is my third time to take part in the recitation. For me, it's not as simple as just reciting, more importantly, it's a chance for me to purify my mind again and check whether I have truly comprehended its meaning and lived up to the requirements.
I have been working in the big family of China Truer IP for seven years now and been learning Ti Tzu Kui for three years. During the three years of learning, I have kept asking myself whether I have put what I have learned into actions and lived up to the requirements. I felt the changes it brought to every aspect of my life. I have been trying to do well, whether it's at home, at work, or in life. Meanwhile, it makes me feel more thankful to my parents, my teachers, my country, and my colleagues and friends.
We should be thankful to our parents for the birth-giving as well as love and care we received from them in growing up. How can we repay them enough! For most people, they have personal and profound feelings about being thankful to parents." The trees might want to keep still, yet the wind won't let them; the children might want to take care of their parents, yet their parents have already gone." It's never too early to be filial. Parents gave us life, raised us up, provided for our education, taught us how to be a good person; after we grew up, we left them, only leaving them alone at hometown worrying about their kids all day long. Our parents are getting older and older. One day they will leave us and gone, and there aren't a lot of days left for us to be filial. As sons or daughters, we should seize the time and do as many as possible to let them enjoy the happiness of family. Because in this world, parents are the only one who loves us most selflessly and unconditionally. It's their love that makes our life full of sunshine. Thanks to parents!
Teachers opened the door to wisdom for us and imparted us knowledge. In the course of our growth, the profound love of teachers has been with us all the time. Thanks to teachers!
Thanks to my colleagues! In this big family of ours, I benefit a lot from leaders and my colleagues. They are like family to me. Standing together, we can face any difficulties with calm and confidence, and make our common business even more brilliant. Thanks to my friends! Because of their friendship, I can share with them my happiness and sadness, making physical or mental adjustments. Thanks to you, my friends, for your accompanying and help on my road of life.
"Ti Tzu Kui" teaches people to be a person of virtue, intending for them to live a life that's meaningful. And I myself also learned the way of life by learning "Ti Tzu Kui".
The rechecking for the recitation of "Ti Tzu Kui" allowed me to study it deeply once again, which made my understanding of it much more profound and thorough. I will be calmer and more experienced in dealing with things, more tolerant and forgiving in treating family members and friends, and more careful and responsible at work.
"Ti Tzu Kui" is worth our learning and keeping learning all along the way to carry it forward.
V.
"Ti Tzu Kui", as the title suggests, should be mainly about the code of conduct for Chinese descendants. When I first learned it, I dogmatically learned it as a code of conduct for reference, and thought some of them were obviously rigid and obsolete.
And now, I prefer to think of it as the spiritual wealth that ancient sages accumulated in their lives. If you are reading carefully enough, you can never fail to experience the human kindness in between the lines: affection and care for family members, respect and love for friends and others, and assessment and requirements for the person himself or herself. To sum up, the book tells us what does human being mean, what we live for, and for whom? Perhaps, the purpose of ancient sages was not formulating a strict code of conduct for future generations to follow, but rather, they were sharing insights and wisdoms they accumulated about life in the hope that future generations would never be disturbed by meaningless desires and that people would be educated to be honest and kind-hearted, and the human society would go on and on in a civilized and orderly way.
The above are some little thoughts I have about the book. It's my hope that I can share with you more in the days to come. Thank you!
Provisions of the Supreme People's Court on the Jurisdiction of Beijing, Shanghai, and Guangzhou IPCourts
(Adopted at the 1628th meeting of the Judicial Committee of the Supreme People's Court on October 27, 2014)
Judicial Interpretation No. 12 [2014]
"Provisions of the Supreme People's Court on the Jurisdiction of Beijing, Shanghai, and Guangzhou IP Courts" was adopted at the 1628th meeting of the Judicial Committee of the Supreme People's Court on October 27, 2014, and is hereby promulgated and shall come into force as of November 3, 2014.
Supreme People's Court
October 31, 2014
According to the provisions of "Civil Procedure Law of the People' Republic of China", "Administrative Procedure Law of the People's Republic of China", and "Decision of the Standing Committee of NPC on the Establishment of IP Courts in Beijing, Shanghai, and Guangzhou", the Provisions are formulated in order to further clarify the jurisdiction of Beijing, Shanghai, and Guangzhou IP Courts.
Article 1 IP Court shall have jurisdiction as court of first instance over following cases in the administrative areas of the city where the IP Court is located:
(1) civil and administrative cases involving patents, new plant varieties, layout designs of integrated circuit, technical secrets, computer software;
(2) administrative cases against the administrative acts undertaken by departments under the State Council or by the local people's governments at or above the county level involving copyright, trademark, unfair competition and others;
(3) civil cases involving the recognition of well-known trademarks.
Article 2 Guangzhou IP Court shall have cross-regional jurisdiction over cases within Guangdong Province and provided in Item 1 and Item 3 of Article 1 of the Provisions
Article 3 All Intermediate People's Courts in Beijing and Shanghai, and Guangzhou Intermediate People's Court shall not accept civil and administrative cases involving intellectual property.
Other Intermediate People's Courts of Guangdong Province shall not accept cases provided in Item 1 and Item 2 of Article 1 of the Provisions.
Basic People's Courts in Beijing, Shanghai, and Guangdong Province shall not accept cases provided in Item 1 and Item 3 of Article 1 of the Provisions.
Article 4 The jurisdiction of cases the subject matter of which contains both the contents provided in Item 1 and Item 3 of Article 1 of the Provisions and other contents shall be determined according to Article 1 and Article 2 of the Provisions.
Article 5 The following administrative cases of first instance shall be under the jurisdiction of Beijing Intellectual Property Court:
(1) refuse to accept the ruling or decision made by departments of the State Council on right granting and confirmation involving intellectual property such as patent, trademark, new plant varieties, and layout designs of integrated circuit;
(2)refuse to accept the compulsory licensing decision made by departments of the State Council on patent, trademark, new plant varieties, and layout designs of integrated circuit, and the ruling on compulsory licensing fee or compensation;
(3) refuse to accept other administrative acts made by departments of the State Council involving the right granting and confirmation of intellectual property.
Article 6 Appeals brought by the interested party against the civil and administrative judgment, ruling of first instance on intellectual property such as copyright, trademarks, technology contract, and unfair competition made by basic People's Court in the city where the IP Court is located shall be heard by the IP Court.
Article 7 Appeals brought by the interested party against a judgment, ruling of first instance made by IP Court, and cases of applying according to law for reconsideration of higher court shall be heard by the IP tribunal of the Higher People's Court of the place where the IP Court is located.
Article 8 Cases that have been accepted but not concluded before the establishing of IP Court by the basic People's Court of the province (municipality) where the IP Court is located, and provided in Item 1 and Item 3 of Article 1 of the Provisions shall continue to be heard by the basic People's court.
Cases that have been accepted but not concluded before the establishing of Guangzhou IP Court by Intermediate People's Courts of Guangdong Province except the Guangzhou Intermediate People's Court, and provided in Item 1 and Item 3 of Article 1 of the Provisions shall continue to be heard by the Intermediate People's Court.
Circular of the Supreme People's Court Concerning the Printing and Distribution of the "Guidance on the Selection and Appointment of Judges of IP Court (Trial)"
Law No. 267 [2014]
Beijing, Shanghai, Guangdong Higher People's Court:
"Guidance on the Selection and Appointment of Judges of IP Court (Trial)" is hereby printed and distributed to you and you are required to implement the same conscientiously and thoroughly.
Supreme People's Court
October 28, 2014
According to relevant provisions of the "Organic Law of People's Court of People's Republic of China", "Law on Judges of the People's Republic of China", "Decision on the Establishment of IP Courts in Beijing, Shanghai, and Guangzhou" of the Standing Committee of NPC, and the Party Central Committee's "Framework Opinions on Several Issues of the Pilot Reform of the Judicial System", and combining with the actual trial of intellectual property, the Guidance on the Selection and Appointment of Judges of IP Court (Trial) was formulated as follows:
I. The selection and appointment of judges of IP Court shall adhere to the principle that the Party is in charge of the cadre management, the principle of open selection and appointment, and the principle of attaching importance to actual performance, and shall highlight the professional characteristic of IP trial.
II. Open selection and appointment shall be conducted for the judges of IP Court according to relevant provisions of the "Organic Law of People's Court of People's Republic of China" and "Law on Judges of the People's Republic of China". Among them, the selection and appointment of President, Vice President and Chief Judge shall be organized according to relevant provisions of the "Regulations on the Selection and Appointment of Party and Government Leaders".
III. Judges of IP Court shall be selected from excellent judges engaged in intellectual property and related trial, or may be selected from professionals with equivalent qualifications and conditions and engaged in intellectual property law practice, teaching and research of law.
IV. To serve as judges of IP Court, the judges shall meet the qualifications and requirements provided in "Law on Judges of the People's Republic of China", and shall meet the following requirements:
(1) qualifications of fourth-grade senior judge;
(2) more than 6 years of experience in relevant trial work;
(3) law major undergraduates or above of regular higher educational institutions;
(4) strong abilities in presiding over court hearing and writing judgment documents.
V. The qualifications and requirements for other legal professionals to serve as judge of IP Court may be set by relevant local authorities with reference to the Guidance.
VI. The Judge Selection Board shall conduct assessment on the professional competence of the candidates for judges and nominate candidates for the competitive election according to the assessment.
VII. The Personnel Division of Organization Department and the Department of Disciplinary Inspection and Supervision shall be jointly responsible for the investigation of the candidates for President, Vice President, Chief Judge and Judge of IP Court.
VIII. After the determination of candidate for President of IP Court, the Council of Chairmen of the Standing Committee of Municipal People's Congress of the city where the IP Court is located shall request the Standing Committee of the People's Congress at the same level for appointment.
After the determination of candidates for other judicial positions, the President of IP Court shall request the Standing Committee of the People's Congress at the same level for appointment.
IX. The selection and appointment of judges of IP Court shall be conducted under the leadership of the Higher People's Court of the place where the IP Court is located, major issues should be promptly reported to the Supreme People's Court, local Party Committee and local Political and Legal Affairs Committee.
Discussion on the Use of Domestic Priority
This article was published in 2014 in the 3rd issue of China Patent Agent.
By Li Dan, Wang Zhenyu, Zhao Yefu, and Jiang Yaochun
Abstract: This paper discusses and analyzes the use of claiming domestic priorities. The specific use of domestic priority is particularly suitable for applicants who seek better patent protection while continuously improving their technology.
Keywords: domestic priority, invention patent application, utility model patent application, instruction support, patent protection, application on the same day, and PCT application
Problem:
In most cases, an invention usually needs to go through a process of continuous improvement in order to become mature, which brings difficulties to patent applications. According to application principles, an applicant should apply for patents for new inventions as soon as possible to enjoy an earlier application date. However, if patent applications are made too early, technical plans for inventions may be premature in certain aspects, and the specific implementation methods offered during the application may not be enough to write a protection scope that is as broad as possible. In addition, if several components in the same system are under improvement, it is difficult to apply for patents for each component on the same day. If an applicant waits until all plans are full-fledged, alternative embodiments are adequate, and all components in the system have been enhanced to apply for patents instead of applying as early as possible, another person may apply for the patents and be granted precedence or related technologies may be disclosed by prior art. Consequently, many applicants apply for patents both before and after their inventions become totally mature to resolve this contradiction.
But, if subjects requiring protection through multiple applications belong to multiple alternative embodiments of the same idea, an applicant cannot use the preceding method to create a general claim of right that covers all embodiments. If later applications are submitted that are further improved compared to earlier applications, the disclosures of earlier applications lead to less creativity in later applications. Furthermore, if multiple applications belong to multiple components of one system, earlier applications may record contents that require protection in later applications in advance so as to fully disclose the system, resulting in conflicts in later applications.
Is there any way to tackle the problem? We believe that the use of a domestic priority and application on the same day system provide possibilities to tackle the problem.
1. Definition and Related Regulations for Domestic Priority
According to Paragraph 2 of Article 29 of the Patent Law of the People's Republic of China, if, within twelve months from the date an applicant first files an application for an invention or utility model patent in China, he files an application for a patent with the patent administration department under the State Council for the same subject matter, the applicant may enjoy the right of priority. This is the patent law basis for domestic priorities.
According to Article 32 of Rules for the Implementation of the Patent Law of the People's Republic of China, where an applicant claims the right of domestic priority and if the earlier application is one for a patent for invention, the applicant may file an application for a patent for invention or utility model for the same subject matter; if the earlier application is one for a patent for a utility model, the applicant may file an application for a patent for utility model or invention for the same subject matter.
However, if the subject matter of the earlier application falls under any of the following circumstances when the later application is filed, it may not be taken as the basis for claiming domestic priority:
(1) where the subject matter has been served as the basis for claiming foreign or domestic priority;
(2) where the subject matter has been granted a patent right; or
(3) where it is the subject matter of a divisional application filed as prescribed.
Where an applicant claims domestic priority, the earlier application shall be deemed to be withdrawn from the date on which the later application is filed.
In addition, according to specific regulations of Guidelines for Patent Examination, the following conditions must be met for patent applications to be granted domestic priority:
(1) Invention or utility model patents are applied for.
(2) After an applicant submits an application for an invention or utility model patent with the same subject for the first time in China (first application in China), the applicant submits an application to the State Intellectual Property Office of the P.R.C.
(3) The date of later applications in China is no later than twelve months from the date of the first application in China.
Because this paper is limited to the use of domestic priority only, the first application (or earlier applications) and later applications (except for later PCT applications) mentioned in this paper indicate patent applications submitted in China.
2 Basic Functions of Domestic Priority
Domestic priority allows later applications submitted before the priority deadline to use the application date of the earlier application as the priority date. Domestic priority can also provide applicants with the following benefits:
(1) Patent applications for invention and utility model can be converted between types by claiming domestic priority.
(2) On the basis of conformance to the oneness principle, an applicant can, by claiming domestic priority, merge protection subjects of earlier applications in later applications to reduce future patent annual fees. The total application fees can be reduced as well, since application fees are not required for earlier applications. In addition, the substantive examination agency fees can be reduced when a patent application is merged, which reduces overall costs for applicants.
(3) The use of domestic priority can complement the first application, as the new content can be added to the instruction of later applications. The new content cannot be granted priority. However, if the new content does not belong to the prior art when later applications are submitted, the content may provide support for a wider scope of protection for the earlier applications.
In short, with domestic priority, an applicant can continue to seek lower cost, more flexible, more efficient, and more valuable patent protection for the technology during its continued improvement.
3 Specific Implementation of Claimed Domestic Priority and Effect Analysis
For technology that is still being improved, we recommend that an applicant submit an application for an invention or utility model patent as soon as the applicant has formulated a new technical plan during the research and development (R&D) process. If the applicant is not sure that the plan is optimal or all possible alternative technical plans have been proposed, we recommend that the applicant not pay the application fees. Although the State Intellectual Property Office of the P.R.C will deem the application to be withdrawn, the application can serve as the basis for claiming priority for later applications for up to 12 months from the date the first application was submitted. Moreover, earlier applications do not require any official fees. The applicant must submit an application before the priority deadline, claim priority for earlier applications, and improve, complement, or expand earlier applications.
Later applications can require multiple priorities. The priority of multiple earlier applications can be based on the later application as the earlier applications have unpaid fees and are deemed to have been withdrawn.
Later applications can require a priority only once. If earlier applications are not improved, complemented, or extended, an applicant will lose priority claim costs of RMB 80. However, the applicant can take the opportunity to convert the application type. This approach is more favorable if the applicant is initially hesitant on application types.
The following section analyzes the benefits of claiming domestic priority:
First, this mode of operation allows an applicant to seize an opportunity by obtaining a filing date (priority date) as soon as possible.
Seizing the opportunity, which means obtaining an earlier application date, is extremely critical. If an applicant applies for a patent after the technical plan is "perfect", for example, the applicant applies for a patent after more embodiments are put forward in order to obtain a wider scope of protection, the technical plan to be protected may lose its novelty or creativity owing to new emerging technologies, or others may apply for a patent for the technical plan first.
Second, this mode of operation can complement the first application, and is especially beneficial for obtaining a wide scope of patent protection.
In the 12 months before the priority deadline for the first application, an applicant can continue the R&D. When an applicant finds new embodiments for the technical plan for the first application, or formulates another new technical solution, the applicant can claim priority and submit two technical solutions as one application (the new technical solution should conform to the oneness principle). As mentioned in the second point of section 2, this operation mode can reduce costs for the applicant. Even if the applicant does not make new technical achievements, the applicant can still resubmit earlier applications before the priority deadline by claiming priority and pay RMB 80 in addition to the priority claim costs, which hardly increases the other expenses.
To take full advantage of the benefits of a patent application merger, an applicant shall write the protection scope of the claim to be as wide as possible based on the core technology when composing applications. In particular, the applicant shall generalize the main invention points, even though the existing embodiments may not be sufficient to support earlier applications to obtain such a broad scope of protection.
In this regard, the Guidelines for Patent Examination provide the following instructions for domestic partial priority:
A Chinese later application records technical solution A and embodiments A1 and A2. If technical solution A and embodiment A1 have been described in the first application in China, they can obtain domestic priority, whereas embodiment A2 cannot. Note that if the scope that technical solution A claims to protect cannot be supported by embodiment A1 only, an applicant can complement embodiment A2 to support technical solution A. However, if embodiment A2 is already the prior art when the later application is submitted in China, an applicant shall remove embodiment A2 and restrict technical solution A to the scope supported by embodiment A1.
The applicant can summarize technical solution A and claim an excessively wide scope of protection for the first application (earlier application), even though embodiment A1 is not sufficient to support the scope that technical solution A claims to protect. Then, if the applicant finds more embodiments, such as embodiment A2, during the R&D process within 12 months after the earlier application, the applicant can complement embodiment A2 to the first application instruction and claim priority. In accordance with the preceding rules, as long as embodiment A2 is not the prior art when the later application is submitted, A2 can be used to support technical solution A and be given domestic priority during the later application; therefore, technical solution A, which has priority, may obtain a wider scope of protection that technical solution A cannot obtain from the first application. Therefore, when submitting technical solution A for protection by the claim of right in the first application, the applicant shall write the protection scope of the claim of right so that it is as broad as possible and excessively generalize invention points if necessary. This broad generalization will be quite beneficial to the applicant who continues to research and develop the technology. However, if the scope that the technical solution in the first application claims to protect is too wide, and embodiment A2, instead of complementing solution A through the operation mode of claiming priority, is added by modification during the examination process of the first application, Article 33 of the Patent Law of the People's Republic of China is violated. As a result, it is impossible for the scope that technical solution A claims to protect to be supported by the instruction.
Embodiment A2 may not be found by the applicant within the 12 months before the priority deadline, and embodiment A2 may belong to the prior art when the later application is submitted. In this case, if the first application records only technical solution A and excessively generalizes embodiment A1, technical solution A in the later application cannot be protected because it lacks support in the instruction. In other words, if there is no other intermediate level generalization focusing on embodiment A1, the applicant would have to restrict technical solution A to be within the scope supported by embodiment A1. According to China's current practice of patent examination, examiners do not allow an applicant to re-generalize embodiments described in the original application documents; that is, a second generalization for an application is not allowed, even if the application can be supported by embodiment A1. This often leads to the fact that the authorized protection scope is embodiment A1 itself. One remedy is to re-generalize the technical solution in the later application. However, in doing so, the re-generalized technical solution will fail to receive a right of priority, resulting in a later application date for the protection of the subject matter. Another drawback of this remedy is that the applicant may not know whether embodiment A2 belongs to the prior art when the later application is submitted. Moreover, the applicant and patent agents may not think of this proactive remedy when submitting the later application.
To avoid these risks, patent agents shall not only record technical solution A, which excessively generalizes embodiment A1, but also record technical solution A', which reasonably generalizes embodiment A1 in the first application. The applicant, when facing the preceding challenge, can shorten the protection scope of the claim of right to that claimed by technical solution A', thereby avoiding unnecessary loss of the patent protection scope.
Third, if an applicant wishes to quickly obtain patents, the above mode of operation can also make it possible for the creativity of technical solutions that are still being improved to not be affected by the premature disclosure of quickly granted patents.
If an applicant wishes to obtain a patent quickly in China, the applicant, in conformance with the provisions of patent laws, will generally apply for utility model patents, or invention and utility model patents on the same day. Utility model patents are authorized quickly. The content of an earlier application must be disclosed within one year. Once the content of the earlier application is disclosed, it can be used to evaluate the creativity of the technical solution in the later application. The earlier application may affect the creativity of new embodiments or technical solutions found after the earlier application is disclosed. In this case, not only may the scope that the technical solution in the earlier application claims to protect not be supported by the instruction because embodiments fail to be complemented, but also new embodiments or technical plans may not obtain patents in later applications due to the disclosure of earlier applications. In contrast, by using the preceding mode of operation, the applicant may take advantage of subsequent research results to complement new embodiments to support the technical solution in the earlier application. What's more, new embodiments or technical solutions can obtain patents even though the earlier application is disclosed. In the meantime, the applicant can still quickly obtain a patent, because the applicant only needs to apply for utility model patents in later applications claiming priority. The utility model patents in later applications will be authorized one year later at most. The applicant can submit later applications before the priority deadline for an earlier authorization date. In short, for applicants who are researching and improving a certain technology, the advantages of the operation mode of claiming priority far outweigh the disadvantages, one of which is a few months' to one year's later authorization.
Fourth, this mode of operation ensures that earlier applications will not be disclosed owing to human negligence, which affects creativity when improving technical solutions. This mode greatly simplifies the monitoring process, too. As the fees for earlier applications are not paid, the earlier applications are not disclosed in accordance with the normal procedure. Therefore, dedicated monitoring is not required by applicants or patent agencies. In addition, when earlier applications are submitted, operational failures may also be avoided, for example, an applicant mistakenly fills out the request of disclosure in advance and an earlier application is disclosed earlier than expected. By using the operation mode, commissioned patent agencies only need to monitor the claimed priority deadline.
By applying for utility model patents in later applications and claiming priority, an applicant can gain an edge related to the preceding points as well as quick authorization. However, in certain cases, some applicants wish to not only take advantage of fast authorization of utility models, but also the long protection period and stable rights of invention patents. If this is the case, the most preferred modes of operation are as follows:
(1) If an applicant only hopes to obtain the exclusive patent rights in the domestic market in the future, the applicant is recommended to submit invention and utility model patents in later applications on the same day on the basis of claiming priority for exclusive patent rights whenever technical solutions meet the requirements of protecting objects by utility model patents. Moreover, the applicant is recommended to give up the utility model patent when the invention patent is authorized.
Utility model patent applications enable an applicant to quickly obtain the exclusive patent rights, which provides a vacuum period of patent protection during the invention patent examination process, which is about 18 months, from the time the patent is disclosed until the patent is authorized. However, although the utility model patents are authorized quickly, the duration for a utility model patent is only 10 years after the patent is authorized. If a patent is not substantially examined, the rights may be unstable. In addition, it is difficult to use utility model patents to protect rights. For example, there is a high probability that the courts will honor patent invalidation requests and abort patent infringement proceedings because of invalid utility model patents. Conversely, although the authorization process for invention patent slow, the "gold content" of the patent is high once it is authorized. The duration of an invention patent is 20 years after it is authorized. Because the State Intellectual Property Office of the P.R.C substantially examines an invention patent, the authorized claim rights are relatively stable, and are less likely to be invalidated by others. It is relatively easy to use invention patents to protect rights. For example, there is a low probability that the courts will honor patent invalidation requests and abort patent infringement proceedings because of invalid invention patents.
(2) If an applicant wishes to obtain exclusive patent rights in the domestic market as well as in other countries and regions in the future, the applicant is recommended to submit three later applications on the basis of claiming priority, including invention, utility model, and PCT. The applicant can submit PCT applications to easily obtain patent protection in multiple PCT member countries with fewer costs. Instead of submitting PCT applications on the same day as invention and utility model patent applications, the applicant, can submit PCT applications before the priority deadline of the first application. This provides flexibility for the applicant's preparations.
For the above two application methods, someone may question whether an applicant can have the right of application on the same day stipulated by Article 9 of the Patent Law of the People's Republic of China, if the applicant submits two later applications, namely the invention and utility model patent applications, on the same day. If an invention patent meets the conditions for authorization, the applicant can obtain the invention patent by giving up the utility model patent. Regarding this matter, refer to Article 9 of the Patent Law of the People's Republic of China and Article 41 of Rules for the Implementation of the Patent Law of the People's Republic of China as follows:
Article 9 (Patent Law of the People's Republic of China) Only one patent can be granted for the same invention. However, where the same applicant applies for a utility model patent and an invention patent with regard to the same invention on the same day, if the utility model patent acquired earlier is not yet terminated and the applicant declares his waiver of the same, the invention patent may be granted.
Paragraph 2 of Article 41 (Rules for the Implementation of the Patent Law of the People's Republic of China) Where an applicant files on the same day (which means the date of filing) applications for both a patent for utility model and a patent for invention for the identical invention-creation, the applicant shall, when filing the applications, state that another patent application for the identical invention-creation has been filed by the applicant; if the applicant fails to do so, the issue shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law whereby only one patent right shall be granted for any identical invention-creation.
From the above articles, the Patent Law of the People's Republic of China and Rules for the Implementation of the Patent Law of the People's Republic of China are only concerned about the same application date for the right of application on the same day, and do not limit priority. That is, an invention and a utility model patent application that are submitted on the same day can be granted the same priority, and the applications can have the right of application on the same day as long as they comply with the above articles. The purpose of the third revision of the Patent Law of the People's Republic of China for the right of application on the same day and the regulation for expanding the applicable scope of conflicting applications is to restrict the protection period of patents for a technology solution to 20 years. The protection period exceeds 20 years if a utility model and invention patent are applied for on the same day. The two methods described in this paper will not lead to more than a 20-years protection period; therefore, the legislative purpose is not violated.
In summary, when an applicant formulates a new technical solution and intends to apply for a patent during the R&D process of a project, the optimal method is ether (1) or (2), based on actual needs. That way, the applicant can realize all benefits from the preceding four points.
Conclusion
In conclusion, by flexibly using domestic priority, applicants can not only convert between invention and utility model patents, but can also modify, complement, or improve patent applications to obtain more comprehensive patent protection. Moreover, an applicant can see cost savings as well. Applicants can seek the most appropriate patent protection in accordance with their actual needs and goals and take full advantage of domestic priority to obtain the most suitable patent protection.
Li Keqiang: Unbearable Price for Infringement of Intellectual Property
Source: China.org.cn
The World Economic Forum Annual Meeting of New Champions -- 2014 Eighth Summer Davos Annual Meeting held in Tianjin on September 10 -12. Premier Li Keqiang attended the opening ceremony and made a speech. Li said serious infringements of intellectual property, in particular, must be punished according to law, including the introduction of huge punitive damages, to make offenders pay unbearable price and to boost innovation.
The government should strengthen the during-and-after supervision to be a good "referee" for market order and "patron saint" for reform and innovation "Only by pulling out weeds can rice grow flourishing." Tolerance for offenders is unfair for law-abiders, and it will even lead to the phenomenon that "Bad money drives out good money." Counterfeiting, swindling, stealing of trade secrets and other acts, whether it's a domestic enterprise or foreign enterprise, must be equally punished according to law. The protection of intellectual property is to protect the kindling for invention and safeguard the interests of innovators. Serious infringements of intellectual property, in particular, must be punished according to law, including the introduction of huge punitive damages, to make offenders pay unbearable price and to boost innovation.
Intensify the scientific and technological innovation. Although China's economy is one of the largest in the world, many of its industries are still in the low to middle range of the world. The traditional extensive growth path is no longer suitable. We must rely more on technological progress for restructuring. This is a strategic, structural and disruptive innovation adjustment. We will adhere to the practice of supporting and protecting some while controlling and keeping pressure on others, foster the growth of new products and new types of business, and accelerate the development of services, high-tech and emerging industries; we will work actively to resolve the serious problem of excess production capacity, accelerate the transformation of traditional industries, eliminate backward production capacity, move forward the position of Chinese products and services in the global value chain, so that innovations can truly create more values; we will increase investment in human capital, improve the quality of workers, improve industrial technology, quality and brand level. In particular, we will remove various restrictions on enterprises, including individual innovators by speeding up reform, and give them the necessary support and vocational training to promote the development of education.
First Four Design Patents of Graphical User Interface Publicly Announced by SIPO
On August 13, 2014, the State Intellectual Property Office publicly announced four design patents of graphical user interface, which is the first of its kind since the protection was granted to patents of design including graphical user interface products on May 1, 2014. The announcement signifies the official obtaining of the patent protection for graphical user interface design.
Notice of Relevant Circumstances in Recent Trademark Work
August 11, 2014 Source: SAIC
ANNOUNCEMENT
Since mid-April of this year, the automation system of trademark registration and management underwent comprehensive upgrade. The serious technical failure occurred during the upgrade process lea to failures in acceptance and examination of trademark registration application, making of trademark registration certificate, acceptance and trial of trademark review, and so on.
So far, part of the trademark services, such as trademark registration and examination has recovered, but the acceptance of trademark registration application, making of trademark registration certificate, acceptance and trial of trademark review still cannot be carried out properly for the time being. We deeply apologize for the inconvenience brought to the public.
We will continue to speed up the system repairing work to ensure an earlier recovery of all services.
Notice is hereby given.
General Office of State Administration for Industry and Commerce
Some Thoughts on Learning New Trademark Law, Trademark Law Implementing Regulations and Trademark Review Rules – Chi Chunzheng
The revised "Trademark Law" has been implemented over one month. A lot of changes have been made to both the provisions of the Law and the guide of online trademark application. Such as the procedures for voice registration, one trademark for different categories, recording of application for licensing of registered trademark, assignment of registration application of registered trademark, application for the modification of address of trademark registration applicant and registrant. There is so much to learn and think:
I. The application conditions for sound trademarks are stipulated. The newly revised "Regulations" clearly stipulates conditions for the application of trademark registration with a sound logo. The formal requirements include: (1) should be declared in the application; (2) description of usage mode of the trademark; (3) submission of sound samples complying with the requirements. According to the regulations of Trademark Office, the samples should be on CD-ROM, audio files not exceeding 5MB and with the formats of wav or mp3. If submitted in the form of paper, the audio files of the sound samples should be stored in a read-only optical disc; (4) description of the sound trademark, if it is music in nature, the description can be in the form of music notation or numbered musical notation, together with description in words; if it's non-musical sound in nature and cannot be described in the form of music notation or numbered musical notation, then a description in words is required; (5) consistence of the trademark description with sound samples. Due to the high distinction requirement for sound trademarks, they are hardly approved in foreign countries. So it's advisable to be cautious when acting as an agent for them. All materials must be submitted in accordance with the provisions, and recommend clients to keep evidence material of widespread use in order to do a good job for clients in the follow-up assessment If the application is not going well.
II. The new "Trademark Law" stipulates that application documents for trademark registration may be submitted in the form of writing or data messages. The newly revised "Regulations" clearly defines the form of data messages as the form of Internet. The newly revised "Regulations" made it clear that the date of the document submitted by the interested parties in the form of data messages shall be the date of such document entering into the electronic systems of Trademark Office or Trademark Review Committee; and the documents sent to the interested parties by Trademark Office or Trademark Review Committee in the form of data messages shall be deemed to have been received by the interested party 15 days after such documents are sent. Where the applicants are legal persons in Hong Kong, Macao, Taiwan or foreign countries or other organizations, the copies of the identity documents of the applicants submitted shall be the copies of registration certificate of regions or countries where the applicants belong to. Copies of registration certificate of Offices of foreign enterprises in China, the resident representative office are invalid. Where the copies of the applicant identity documents are in a foreign language, a Chinese translation shall also be submitted; where the translation is not submitted, such documents shall be deemed to have not been submitted. And we carry out as early as possible in the actual practice of working as agent the requirements that "The principle of reciprocity shall be followed in the notarization or certification of trademark powers of attorney of foreigners or foreign enterprises as well as other relevant certification documents." Where the application is submitted in the form of data messages, names of practitioners of relevant trademark agency shall be filled out faithfully, which will be deemed to be the signing of the trademark agent. It will not only enhance the sense of pride of the trademark practitioners, but also increase the sense of responsibility. They will serve for their clients as an agent more diligently, reasonably and lawfully, quickly and effectively.
III. The new "Trademark Law" stipulates the system of "one trademark for different categories". Special provisions are made in the newly revised "Regulations." on the corresponding severability system. Where the trademark registration application on part of the designated goods is rejected by Trademark Office, the applicant may sever the parts of the application that passed the preliminary examination to be another application, and the application severed retains the application date of the original application. Working as an trademark agent, the agent should remind clients that they may first register parts of the trademark application that were not rejected, need not to wait until the review result for the rejected parts, so as to facilitate timely registration of trademark.
IV. The date calculation for documents submitted by courier companies is clarified. The revised "Regulations" stipulates that, except the date of application for trademark registration, the date of documents or materials submitted by the interested parties to Trademark Office or the Trademark Review Committee through courier companies other than postal enterprise shall be the date such documents or material were accepted by the courier companies.
V. The specific procedures for trademark opposition/demurral are improved. (1) For the decision made by Trademark Office on the denial of application registrations, including the denial of the registration on parts of designated good, the new "Trademark Law" clarify the principle of handing the new evidence submitted by the interested parties after the expiry of the statutory time limit for opposition procedure: the evidence generated after the expiry of the statutory time limit for opposition procedure or the evidence the interested party has legitimate reasons for the failure of submitting before the time limit and submitted after the time limit may be admitted after Trademark Office has sent the evidence to the other party and made the cross-examination. (2) Article 53 of the newly revised "Regulations" stipulates the trial content and procedures for the Trademark Review Committee to try the review cases of denial of registration, clearly stipulates that Trademark Review Committee shall listen to the views of original opponent while hearing the decision of Trademark Office on the denial of registration. (3) Article 62 of the newly revised "Regulations" clearly stipulates after a trademark is approved for registration by the review procedure for the denial of registration, the opponent may request the Trademark Review Committee to declare invalid the registration of the trademark. When working as agent, agent should fully explain to the client these remedy procedures and make full use of them. Terms provided in the "Trademark Review Rules" shall be used when reviewing application documents: the trademarks that request according to the Article 34 of Trademark Law a review for the denial of trademark registration application shall be collectively called asserted trademarks; trademarks that refuse to accept the decision made by Trademark Office on the denial of registration, and the trademarks referred to as the request- for- review trademarks in the review cases that requested according to Paragraph 3 of Article 35 of Trademark Law shall be collectively called opposed trademarks; registered trademarks that are request to be declared invalid according to Paragraph 1 of Article 44 and Paragraph 1 of Article 45 of Trademark Law shall be collectively called disputed trademarks; Trademarks that refuse to accept the declaration of invalid trademark registration made by Trademark Office, and request for a review according to Paragraph 2 of Article 44 of Trademark Law, as well as the ones that refuse to accept the decision made by Trademark Office on revoking or not revoking registered trademarks, and review cases requested according to Article 54 of Trademark Law. Trademarks that request for review are collectively called reviewing trademarks.
VI. The specific requirements for the recording of trademark license are clarified. The newly revised "Regulations" changes "recording of patent license contract" to "license recording", canceled the time limit of three months, changing it to be "licensor shall record with the Trademark Office and submit recording materials with within the life of the license contract." In addition, the Law further clarifies that the recording material shall indicate the licensor of the registered trademark, licensee, license period, licensed merchandises or service scopes and others.
VII. The Trademark Law adds in the time limit for reviewing applications for trademark registration and hearing relevant trademark cases by Trademark Office and Trademark Review Committee. The newly revised "Regulations" further clarifies that "The time for waiting for proceedings, according to the applicant's request to wait for the result of priority right cases at the request of the applicant of the case during the trial shall not be included into the time limit for trial." As trademark agents, we should urge and assist clients to produce evidence, defense, and make supplement and corrections, etc. in the process of reviewing and hearing, and make such a request for clients in relevant reviewing documents, we should also note that the time needed for delivering trademark documents and notices, providing additional evidence by the interested parties, supplementing and correcting documents, new defensing after the change of the interested parties, as well as waiting for the confirmation of priority rights are not included into the time limit for reviewing and hearing of Trademark Office and Trademark Review Committee, so as to timely complete trademark registration application, the agency review and other business, and arrange reasonable and correctly the time for supplement and correcting documents and produce evidence. Article 59 of the newly revised "Regulations" clarifies the admissibility rules for overdue evidence, stipulates that evidence generated after the expiration of statutory time limit or failed to submit by the interested parties before the time limit with other legitimate reasons may be admitted after cross examination. Working as an agent, we should note that evidence failed to submit within stipulated time limit or newly generated shall also be submitted for the possibility of being admitted. For the overdue evidence submitted by the other party during the review, we need to make sure whether the evidence has gone through cross examination according to procedures to ensure the reasonability and fairness of the case for client.
VIII. Article 12 of the newly revised "Regulations" clearly stipulates the initial day for general period and its specific calculation method: the day on which various limitation period commences is not included in the period. Where the period is calculated in year or month, the corresponding day of the last month of the period shall be the date for expiration of the period; where there is no corresponding day in that month, the period shall expire on the last day of that month; and where a period expires on a statutory holiday, it shall expire on the first working day following that statutory holiday. For the convenience of replying and special provisions are made for the calculation of protection period for the right to exclusive use of a registered trademark: the validity period of a registered trademark is calculated starting from a legal day, the day before the corresponding day of the last month of the period shall be the day for the expiration of the period, where there is no corresponding day in that month, the period expires on the last day of that month. These provisions are helpful for us to keep in mind time period for various things when working as an agent, so that we can use legal procedures to safeguard the legitimate rights of our clients within the time period prescribed by law.
Pilot Project of the United States Patent and Trademark Office on Glossary Defining Terms of Claim of Right Launched on June 2, 2014
The US Patent and Trademark Office (USPTO) announced the launch of a new pilot project on glossary, so as to strive continuously to strengthen the US patent system. Beginning on June 2, 2014, the pilot project will continue until December 31, 2014. The purpose of the project is to encourage and require patent applicants to use glossary to improve the accuracy of right claims in the specification of patent applications related to computer software. Applicants participated in the pilot project are required to define terms used in claims of patent right in the Glossary part of the specification of patent application. Patent applications accepted into the pilot project will be handled with expedition. They will be placed on an examiner's special docket prior to issuing a notice of opinions of first examination, enjoying the special status of having the priority of issuing such notice.
In order to meet the requirements of the project, the patent application must be assigned to the USPTO Technology Center 2100, 2400 and 2600 or to the Business Method Field of Technology Center 3600. USPTO has canceled the application fee for the pilot project.
Applicants wishing to take part in the pilot project must, on the application date of the patent that has met the conditions, provide: (1) a special request made by using Form PTO/SB/436 (titled "Special Certificate and Request Based on Pilot Projects of Glossary"); and (2) a formal Glossary section as part of the specification of the patent application. For Form PTO/SB/436, please click on the URL http://www.uspto.gov/patents/init_events/glossary_initiative.jsp. Using this form will help USPTO to quickly identify the submissions of Glossary pilot project and to facilitate the timely processing of the submissions.
If the claims of this application require one or more foreign priority application, a copy of each of the foreign application must be submitted at the time of submission of the application. If any of the earlier application (US or foreign) is not written in English, the English translation of the text of the earlier application and a statement of the translation being accurate must be submitted at the time of submission of the application. This provision ensures the timely access to the necessary documents of examiners to help examiners confirm the definition in the glossary can support priority documents.
When submitting, the application must contain at least one claim but not more than four independent claims and 30 total claims. The application does not contain any multiple dependent claims.
The glossary section shall contain the claims terms and the definition of other terms the applicant considers appropriate to meet the requirement of the notice. The glossary must be identified with a title placed at the beginning of the detailed description section of the original specification, and made at the time of filing. The glossary cannot be: such as a separate page, part of the book of instructions or information disclosure book. In addition, the glossary cannot be submitted after the filing date of the application.
As the case may be, decide whether or not to participate in the glossary pilot project. Obviously, to participate in the glossary pilot project will accelerate the review process and may increase the chance of the application approved quickly. But on the other hand, the glossary itself may be used to interpret terms of claims to a narrow definition.