Search Results for: Han-Mei Tso


31

Jan 2020

The New Year Gift from CNIPA: Amendments to Patent Examination Guidelines

By Han-Mei Tso 繁體中文 The China National Intellectual Property Administration (CNIPA) on the very last day of 2019 sent out to the IP community its new year gift – an official announcement of amendments to the Patent Examination Guidelines (hereinafter the “Guidelines”) to be effective as of February 1, 2020.  The amendments were announced only a few months after the CNIPA previously published extensive amendments…

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11

Nov 2019

CNIPA Announced Amendments to Patent Examination Guidelines

By Han-Mei Tso and Jude Yi 繁體中文 The China National Intellectual Property Administration (“CNIPA”) recently announced the amendments to the Patent Examination Guidelines (“Guidelines”). The amendments took effect on November 1, 2019, which were the official amendments to the Guidelines after the CNIPA published its Draft Amendments to the Patent Examination Guidelines (Draft for Comment) (“Proposed Amendments”) in April this year. The official amendments are…

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05

Aug 2019

Major Amendments to China’s Trademark Law regarding Malicious Registration and Trademark Misuse

By Han-Mei Tso 繁體中文 Malicious trademark squatting and trademark misuse have been significant problems for foreign companies doing business in China. Likewise, even local Chinese companies are being forced into unnecessary litigation or licensing negotiation due to the threats from trademark squatters. However, the recent amendments to the Trademark Law of the People’s Republic of China (“the Amendments”) made by the Standing Committee of the…

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04

Jun 2019

Senior Officers of AIPPI Visit China to Further International Cooperation of Intellectual Property Protection

By Han-Mei Tso 繁體中文 Senior officers of the International Association for the Protection of Intellectual Property (AIPPI) visited China to further communication and cooperation between China and AIPPI in the field of intellectual property protection. Visiting delegates included Ms. Renata Righetti, AIPPI President, and Osha Liang’s Managing Partner, Mr. Jonathan Osha, Reporter General of AIPPI. On May 29, 2019, senior officers of AIPPI visited the…

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04

Jun 2019

Introduction to Prioritized and Expedited Patent Examination Procedures (Part Three) – Chapter of the United States –

By Ran Wang and Han-Mei Tso 繁體中文 Previously, Osha Liang Insights provided an overview of the prioritized patent examination procedures in China and Japan.  For the third part of this series, we will focus on the expedited patent examination procedures in the United States. The United States Patent and Trademark Office (USPTO) currently offers three programs that allow a patent applicant to petition for expedited…

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01

May 2019

Introduction to Prioritized and Expedited Patent Examination Procedures (Part Two) Chapter of Japan

By Han-Mei Tso 简体中文 繁體中文 Previously, Osha Liang Insights provided an overview of the prioritized patent examination procedures in China (article link).  For the second part of this series, we will focus on the expedited patent examination procedures in Japan. Japan provides three types of expedited examination programs: Accelerated Examination, Preferential Examination, and Super Accelerated Examination.  Patent applications eligible for Accelerated Examination may include the…

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01

May 2019

CNIPA Publishes Proposed Amendments to Patent Examination Guidelines

By Han-Mei Tso 简体中文 繁體中文 On April 4, 2019, the China National Intellectual Property Administration (the “CNIPA”) published its Draft Amendments to the Patent Examination Guidelines (Draft for Comment) (the “Proposed Amendments”) to solicit public comments.[1] This amendment follows the previously amended Patent Examination Guidelines (the “Guidelines”) that took effect on April 1, 2017. The Proposed Amendments aim to improve efficiency and quality of patent…

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05

Mar 2019

Patent Reexamination Board Eliminated Amid CNIPA Reorganization

By Han-Mei Tso  简体中文 繁體中文 According to a notice issued by the China National Intellectual Property Administration (CNIPA) on February 14, 2019, the Patent Reexamination Board will be merged into the Patent Office of the CNIPA.  The Patent Reexamination Board was formerly a subordinate organization under the CNIPA.  However, after the merger, the Patent Office will be responsible for all duties formerly handled by the…

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01

Feb 2019

China to Increase Damages for Patent Infringement

By Han-Mei Tso 简体中文 繁體中文 Following the third revision of the Patent Law of the People’s Republic of China (hereinafter “Patent Law”) in 2008, China is expected to proceed with a fourth revision of the Patent Law this year.  The Chinese government is now soliciting opinions from the public for a Proposed Amendment to the Patent Law of the People’s Republic of China (hereinafter “Proposed…

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04

Jan 2019

Introduction to Prioritized and Expedited Patent Examination Procedures (Part One) Chapter of China

By Han-Mei Tso 简体中文 繁體中文   In today’s business world, companies often have to face fierce commercial competition with rapidly developing technologies.  Thus, the ability to obtain patents quickly provides a clear advantage over the competition. Moreover, patents can enhance corporate value by contributing to a comprehensive patent portfolio, while also generating interest from potential investors.  In this context, this issue of Osha Liang Insights…

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30

Nov 2018

China Issues New Appellate Procedural Rules for IP Cases

By Han-Mei Tso The Standing Committee of the National People’s Congress of China recently passed new procedural rules regarding appeals in intellectual property  (IP) related cases.  According to the new rules, the Supreme People’s Court (SPC) of China becomes the only appellate court for judgments and procedural rulings originating from the courts of the first instances in IP related cases.  The new rules will take…

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01

Nov 2018

Hangzhou High-Tech Zone (Binjiang) Science and Technology Bureau and Osha Liang LLP Signed a Strategic Cooperation Agreement

By Han-Mei Tso On September 5, 2018, Mr. John Osha, the managing partner of Osha Liang LLP (hereinafter “Osha Liang”), and Ms. Han-Mei Tso, the chief representative of Osha Liang Hangzhou Representative Office (hereinafter “Osha Liang Hangzhou”) met with Hangzhou High-Tech Zone (Binjiang) Science and Technology Bureau (hereinafter “Science and Technology Bureau”).  During the meeting, the two parties signed a strategic cooperation framework agreement to…

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01

Nov 2018

The Effect and Application of China’s Guiding Cases

By Han-Mei Tso In 2017, Osha Liang Newsletter published three articles discussing patent-related guiding cases issued by the Supreme People’s Court of China (hereinafter “SPC”), i.e., Guiding Case No. 83[1], Guiding Case No. 84[2], and Guiding Case No. 85[3].  This article will further discuss the nature and effect of guiding cases within China’s legal system and explain how to implement IP-related guiding cases into Chinese…

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01

Oct 2018

Not Simply Renamed – “SIPO” becomes “CNIPA”

By: Han-Mei Tso On September 3, 2018, the State Intellectual Property Office of China announced on its website[1] that the English name of the Chinese governmental body has changed from the “State Intellectual Property Office” (“SIPO”) to the “China National Intellectual Property Administration” (“CNIPA”).  Accordingly, the agency’s English abbreviation of the bureau has changed from “SIPO” to “CNIPA” as well.  The website domain has also…

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01

Aug 2018

The First Case in China Using Blockchain Technology to Preserve Electronic Evidence

By: Han-Mei Tso and Jude Yi On June 28, 2018, the Hangzhou Internet Court of China (the “Court”) made a public judgment regarding a dispute over infringement of the right to disseminate work on the Internet.  In this judgment, the Court accepted the use of electronic data as evidence preserved by blockchain technology in a legal dispute while also specifying a method and process for…

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29

Jun 2018

The Significance of “Could” vs. “Would” When Assessing Obviousness Rejections

By: Zachary Schaefer, Francesca Giovannini, Han-Mei Tso, and Mutsumi Fukuoka USPTO PERSPECTIVE United States patent law does not allow the patenting of an invention if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the…

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29

Jun 2018

SIPO Announced Termination and Adjustment of Certain Patent Fees

By: Han-Mei Tso The State Intellectual Property Office of the People’s Republic of China (“SIPO”) issued No. 272 Announcement on June 15, 2018.  In order to further reduce the burden on society and promote the protection of patent rights, SIPO will terminate and adjust certain patent fees starting August 1, 2018.  The detail of the announcement is as follows: The patent registration fee, the publication…

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29

Jun 2018

The New Trend of Utility Model Applications in China

By: Han-Mei Tso In the February edition of Osha Liang’s newsletter, we published an article that discussed the main characteristics of utility model protection in China, Japan and European countries where most utility model patents are filed.  In that article, we discussed in detail about the eligible subject-matter, term of protection, and the examination procedure of utility model patents in China.  We mentioned that a…

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31

May 2018

SIPO Issues Statistics of Design Patents

By: Han-Mei Tso In April 2018, the State Intellectual Property Office (SIPO) of the People’s Republic of China issued the Brief Statistics of Design Patent 2017 (the “Report”). The Report summarizes China’s design patent statistics in 2017, covering the numbers of applications, grants, patents-in-force, country distribution, industry distribution, and other data. Overall, the total number of design patent applications in 2017 was 629,000, which represents…

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30

May 2018

Virtual Reality Technology Applied for the First Time in a China Court Trial

By: Han-Mei Tso On March 1, 2018, the Beijing First Intermediate People’s Court (the “Beijing First Intermediate Court”) publicly heard a murder case prosecuted by the First Branch of the Beijing People’s Procuratorate (the “First Branch of Beijing Procuratorate”). In this case, the criminal suspect was accused of killing his girlfriend. Because the prosecutor presented evidence using virtual reality technology (“VR”) for the first time…

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30

Apr 2018

Osha Liang Attended the Hangzhou High-Tech District Intellectual Property Service Symposium

By: Han-Mei Tso On April 18, 2018, Ms. Nan Bi, Director of the Department of Planning and Development of the State Intellectual Property Office of the P.R.C., visited Hangzhou High-Tech District (Binjiang) with her group who conducted a survey on the intellectual property (“IP”) service industry in the area. Accompanied by officials from Zhejiang Provincial Intellectual Property Office and Hangzhou High-Tech District (Binjiang) Government, Ms….

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30

Apr 2018

China to Restructure SIPO – A Step Toward Better IP Protection

By: Han-Mei Tso On March 13, 2018, after deliberation at the First Meeting of the 13th National People’s Congress of China, the “State Council Institutional Reform Plan” (hereinafter referred to as the “Reform Plan”) was passed. This drastic Reform Plan involves the cancellation, formation, or restructure of a number of State Council departments and subordinate agencies under the State Council, including the State Intellectual Property…

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20

Mar 2018

SIPO Announced Changing of Composition of Patent Certificates and the Duplicates thereof

By: Han-Mei Tso, Ken Yu In order to better meet the needs of parties involved in economic and legal activities, the State Intellectual Property Office of the P.R.C. (“SIPO”) provides real-time, convenient and transparent information channels to patent right holders and the public through an internet platform.  Based on this foundation, SIPO has now further optimized the composition of patent certificates and duplicates thereof.  According…

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15

Mar 2018

UNIQLO Wins Trademark Infringement Litigation in China

By:  Han-Mei Tso, Ken Yu Recently, the Guangzhou Intellectual Property Court issued the second-instance decision on Guangzhou Compass Exhibition Service Co., Ltd. and Guangzhou Zhongwei Enterprise Management Consulting Service Co., Ltd. (collectively “Compass/Zhongwei Company”) v. Fast Retailing (China) Trading Co., Ltd. (The famous brand UNIQLO’s retailer in China) and Fast Retailing (China) Trading Co., Ltd. Guangzhou Baixin Plaza Store (collectively “Fast Retailing Company”) regarding a…

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26

Feb 2018

The First Court Decision on GUI Design Patent Infringement in China

By: Han-Mei Tso and Jude Yi In the modern world, electronic devices such as computers, tablets, and smartphones, have become indispensable in our lives.  Graphical User Interface (GUI) plays a significant role in promoting ease of use and visual attraction to users of the products, particularly electronic and software products.  GUI often provides iconic features that cause consumers to immediately associate the GUI with a…

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30

Jan 2018

Intellectual Property Policy Promotion & Intellectual Property Service Introduction Conference of Hi-tech District (Binjiang), Hangzhou

By: Han-Mei Tso The Intellectual Property Policy Promotion and Intellectual Property Service Introduction Conference of the Hi-tech District (Binjiang), Hangzhou (the “Conference”) was held on January 5, 2018 at “Intelligent e-Valley” in Binjiang District. More than 200 people from enterprises, as well as intellectual property service institutions and agencies in the Hi-tech District, attended the Conference. Mr. Chunmin Yang, the Associate Counsel of Science and…

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30

Nov 2017

China’s Guiding Cases in IP Law, Part III: Infringement of Design Patents

By: Han-Mei Tso and Ken J. Yu In March 2017, the Supreme People’s Court of China (the “Supreme Court”) published its 16th set of guiding cases, including ten intellectual property (“IP”) cases.  Among the ten IP guiding cases, three of them relate to patent infringement. In recent editions of the Osha Liang Newsletter, we discussed the patent infringement guiding case in connection with the liability…

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30

Oct 2017

2016 Patent Statistics Annual Report by SIPO

By: Han-Mei Tso and Jude Yi In September 2017, the State Intellectual Property Office of China (SIPO) published the 2016 Patent Statistics Annual Report. This annual publication includes comprehensive statistical data accumulated through the daily work of the SIPO, reflecting various aspects of China’s current patent landscape in the areas of patent procurement, maintenance, and administrative enforcement. The Report, which contains more than 200 pages,…

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