Avoiding Waste: Patent Prosecution Highway pilots between China and Chile, and China and Czech Republic

According to Memoranda of Understanding between China’s State Intellectual Property Office (SIPO) and the Industrial Property Institute of Chile (INAPI), and SIPO and the Industrial Property Office of the Czech Republic (IPO-CZ), both combinations will start a Patent Prosecution Highway (PPH) pilot on 1 January 2018. The Sino-Chilean pilot will end on 31 December 2020 and the Sino-Czech pilot on 31 December 2019.


A PPH can speed up the patent examination process, because the affiliated countries do not have to do the search, examination etc twice. The Japanese have a nice term for a sense of regret concerning waste if a resourc is not property utilized: MOTTAINAI. So MOTTAINAI can be avoided with a PPH.


See the announcement on the SIPO site here (Chinese), and on how applicants can make a PPH request, electronically at the Patent Office reception desk, here.



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Editorial of JIPLP on Hong Kong patent law

Short read: My editorial of the Journal of Intellectual Property Law and Practice (Oxford University Press) is online: ‘First thoughts on Hong Kong’s new patent system; second thoughts on its further medical use claims‘ (PDF). 
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IP Dragon Roar Podcast 2 “Spirit, Software, World of War Craft, Compulsory Licensing”

Here is IP Dragon Roar’s second podcast about “Spirit, Software, World-of-War Craft, Compulsory Licensing”.     First Jamon Yerger and Matthew Kowalak discuss the following blog posts:     Stir up people to innovate by slogan or by a change of culture Supreme People’s Court Took AMSC v. Sinovel Wind Group Case On Software Copyright Infringement Trend […]

Pharma Alert Q&A: Viread China’s First Victim of Compulsory Licensing?

Innovative pharmaceuticals take notice. Reuters’ Tan Ee Lyn asserts that China “overhauled parts of its intellectual property laws” to allow generics companies to start exploiting patented medicines cheaply. In other words allowing compulsory licensing. Tan mentioned one medicine for HIV patients as a possible candidate for compulsory licensing.



China is known to be looking at Gilead Sciences Inc’s tenofovir, which is recommended by the World Health Organisation as part of a first-line cocktail treatment for AIDS patients, two
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Hong Kong’s Original Grant Patent, Reciprocity And Hong Kong’s Future As Legal Hub

On the last day one can send his or her opinion on the patent registration system in Hong Kong to the government, you will find an overview of what we can expect and what we can hope for. The patent system of Hong Kong, largely influenced by the re-registration patent system it inherited as a dependent […]

Sino-U.S. Investment Vehicle To Bring U.S. Medicines Into Chinese Pharmaceutical Market

In the U.S. the pharmaceutical industry has proprietary technology, but China has enough financial resources and a huge domestic market. Therefore an opportunity presents itself for those who can bridge these two markets. Michelle Jarboe McFee has an interesting article about a partnership between Newsummit Pharmaceutical Group, a biomedical company in Shanghai and Cleveland Bio […]

Pfizer Starts R&D in China After IPR in China Challenges

Photo Danny FriedmannPerilous hills, but nice view. Climb worth the risk? As one of the first U.S. companies pharmaceutical giant Pfizer has decided to start doing R&D in China. This way the company can probably take advantage of indigenous innovation preferential rules if it invents and patents in China. Read here. Pfizer had some IP […]

China Launched 10-Year National Patent Development Strategy

During the 4th China Patent Week China launched the National Patent Development Strategy (2011-2020). The strategy focuses on: International cooperation in patent protection and utilisation; preferential policies to encourage R&D by high-tech companies, research institutes and colleges; Overseas IP websites so that foreign companies can check patent info; Establishment of organisations for patent trading in […]

The Implementing Rules of the Third Amended Patent Law Are Coming

At the end of December 2009, the State Council approved the Determination on the Revising of the draft version of the Implementation Rules of the Patent Law. Read more here. UPDATE: The Regulation will be effective February 1, 2010 and will consist of 123 articles in 11 chapters.Read more here and more about the backgrounds […]

Revolutionary Lessons For China From Michael Carrier’s Book ‘Innovation for the 21st Century’

‘Innovation for the 21st Century, Harnessing the Power of Intellectual Property and Antitrust Law’ by Michael A. Carrier. Oxford University Press. Professor Michael Carrier of Rutgers University School of Law, wrote an excellent book about intellectual property rights (IPR) law and antitrust law, the intersection between the two disciplines and how both systems can be […]

EU Afraid To Share Sensitive Proprietary Info With China

The executive summary of the 2009 Position Paper of the European Union Chamber of Commerce about China shows the concerns the EU has about China’s alleged industrial-intervention policies and foreign investment restrictions. “The results of the European Chamber Business Confidence Survey 2009, [..], indicate that European investors in high-tech and branded goods are more interested […]

News From The Front Lines

Guest article and picture by Mikołaj Rogowski Writing that the all-front global IPR war between the owners and the infringers is well underway might sound a bit of a truism so I will simply skip to the notable news from the trenches. Chinese government owned China Daily and Taiwanese China Post both have some worth […]

Professor Mossoff’s Historical Paper About Patent Thicket, Patent Troll and Patent Pool: Relevant Today

Can we learn from history? Or are we doomed to make the same mistakes over and over? Professor Adam Mossoff of George Mason University School of Law wrote an excellent paper about the Sewing Machine War of the 1850’s which illustrates that the challenges we are facing in this day and age with patent thickets, […]

“China Will Reshape International Intellectual Property Policy”

I just read a great paper by Andrea Wechsler ‘Intellectual Property Law in the P.R. China: A powerful Economic Tool for Innovation and Development’, Max Planck Institute for Intellectual Property, Competition & Tax Law Research Paper No. 09-02, November 12, 2008, download at SSRN here. In 56 pages Ms Wechsler takes you on a journey […]

Discover Your Invention in China Or Lose Protection

Ms Patti Waldmeir has another interesting article about the upcoming patent law in China. She rightly zoomed in on the controversial articles. In February I posted a blog about the articles 49, 50 and 74 of China’s third amended patent law, entitled ‘Curb your enthousiasm’, read here. ZTE, the big Chinese telecommunications equipment company talked […]

What Does The New Chinese Patent Law Have In Store?

Mr Charles C. Liu, Partner and Director of US Practice, Unitalen Attorneys at Law and Ms Jeanne J. Liu wrote a series of four installments (originally published in China Intellectual Property, 20:44-51, 2007) about the amendment of the Chinese patent law that will probably be ready in 2008. Read here Mr Liu and Ms Liu’s […]

Patent Challenge in China: What’s the State of the Art?

The last quarterly newsletter of the European Patent Office (EPO) has an interesting article about the difficulty for foreign patent applicants to determine prior art (state of the art) in China, because all prior art in China is in Chinese. To determine prior art is crucial, because the patent can only be granted to an […]

Let Your Protection Start Two Years Sooner: Filing Utility Models Together With Invention Patents

Article 2 Patent Law in China states: In this Law, “inventions-creations” mean inventions, utility models and designs. Patent Agent in Hong Kong, who blogs about his experiences working for China Intellectual Property (HK) Ltd., explains that if you file for an invention patent in China you can file for a utility model at the same […]

Patent Law Draft About to be Adopted: How Will Patent Law Change?

China Daily’s reports via People’s Daily that China’s third revision of its patent law is drafted. On July 31, 2006 SIPO promulgated the Draft of Amendments to the Patent Law for public comments. Draft amendments to the law were handed to the State Council for deliberation on December 27, according to the State Intellectual Property […]

Compulsory Licensing: Philips About to Bring A WTO Case Against Taiwan

Taiwanese company GigaStorage has a conflict with Dutch company Philips about a patent for the manufacturing of CD’s since 1999. After a complaint at the Taiwan’s Fair Trade Commission it applied for a compulsory license of Philips’ patent for the manufacturing of CD’s, based on article 79 Taiwan’s Patent Law, which states:“In the case of […]

SIPO’s Patent ABC

SIPO is giving 19 answers to 19 questions about patents.On a whole it gives an fast overview of China’s patent law. It is peculiar that SIPO is giving information (Q&A number 19) about the Special Administrative Region of Hong Kong, which has its own basic law and IPR system, separate from the PRC. Read here.