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Patent and Patent Rights

Concept of Patent Rights

Exclusive rights are given by the national government to an inventor or their representatives for a limited period for it to be legal and maintained by law. Renewal fees are required to maintain its eligibility, otherwise the patent duration lapses before it passes its exclusivity. The patent is issued for an invention that is publicly disclosed by its innovator.

Patent Rights Range

The methods and procedures for patent approval vary between countries. An application for a patent should have one or more claims that defines his creation which must be original and was not disclosed earlier before the date was filed. There is a limited grace period in protection of the inventor and his creation or his successor in title. An invention is not patentable if it was applied for earlier. It should also be non-obvious and useful or could be applied to industry. The utility of the patent system expresses the evident benefit and its usefulness. The absence of this feature could be ground for rejection. It is a requirement for the approval of the patent filed. Specifications and drawings are also part of the applied patent.

What Can Be Patent

Patent Rights are granted to the applicant of patents to prevent other individuals from indulging, making, using, selling, or the distribution of patented inventions without permission; a right to prevent the use of your invention by others. The patent owner is protected by the patent rights issued by the national government. If an individual violates such right, the patent owner will seek monetary compensation by suing the violator for past infringement, and will ask for an injunction banning the accused from doing the same actions in the future. To prove the case against infringement of his invention, the inventor must establish to court that the accused practiced all the requirements for his patent or at least one of the patent’s claims.

Source:Patent Right - PatSnap School

Japan Patent System

Unexamined Japanese patent applications are called Kokai. They are published every 18 months; their earliest preferred date; they are available in CD-ROMs in mixed mode with SGML-like format and is accessible without search software. You must have a subscription to the CD-ROM, a Japanese Windows OS with relevant search engine. The CD is issued twice a week with about 350,000 Kokai issued annually. Translations are available upon request provided by Derwent World Patents Index Databases.

Patent numbering in Japan would start at zero every beginning of the year. A JPO unexamined patent issued in 1998 would have number like this: h10123456A, where h represents the emperor era of Heisei, and the “10” header in the 10 digit number stands for the 10^th year of the Heisei era. The input code of Derwent will look like jp 10123456-A.

Patent applications in the Japanese system is not automatically examined which is quite unusual compared to its western counterparts. It takes 24 to 30 months for it to be examined. Some changes were challenged in the Japanese Patent Law in 1996 moving from a pre-Grant patent opposition system (3 months to file opposition) to a post-Grant opposition system (6 months to file opposition but the patent is in force until declared otherwise).

Unopposed patents under the old system are assigned a seven digit number from a continuous series but the patent was not republished under that era. Take note that this a continuous series that does not start from 0000001 each start of the year without a year prefix too. If you are assigned a the 7 digit Japanese patent numbering system, like JP1,900,123, you won’t be able to request for a copy of the text until you know the kokoku number assigned for the registered patent up until 1996. Only patent with registered numbers above 2,500,000 are available for copies of the text.

The utilization of the Derwent World Patent Index is a good means to monitor the recent developments in Japanese technology, as every Kokai have been accounted for since the late 1995. The Derwent staff would be happy to assist you if you are looking for any Japanese patent of any status.

Here is a post about american patent system, I strongly recommend your guys to read.!

SIPO Commissioner Tian Lipu's Speech at the Opening Ceremony of the Fourth China Patent Week

Distinguish Mayor Huang Qifan, Distinguish guests:

Good morning!

Today we are gathering here for the grand opening ceremony of the Fourth China Patent Week, which was launched by SIPO and other 30 central government agencies and 31 local governments. On behalf of SIPO and organizing committee of this event, I express my warm congratulations to our guests who attended this ceremony, and I also wish to express my heartfelt thanks to the Government of Chongqing and other organizers.

The theme of this year's patent week is utilizing patent system to promote economic and social development mode transformation, and make China an innovative country. Facing the tasks of accelerating economic development transformation mode, nurturing industries of strategic importance, realizing the goal of energy-saving and emission reduction and developing circular economy, we need to exert the important role of IPR, make full use of patent system and provide a strong support for China to build an innovation-orientation nation.

This year marks the 30th anniversary of founding of SIPO and the 25th anniversary of implementation of China's patent law. Thanks to the mindful party and government, China has made outstanding achievements in patent law system, patent creation and application capability, IP protection and patent information communication and utilization after 30 years' of unremitting efforts. Meanwhile, a professional personnel team is also formed, which creates a favorable social and law environment for China's economic development and S&T innovation, and provide a rich soil for the budding and maturity of this event as well. Two years ago, the implementation of China National IP Strategy Outline marks that China's IP community has entered a new historical stage. In a bid to implement the outline and make clear the tasks of patent strategy and facilitate the overall development of China's IP community, SIPO has formulated the National Patent Strategy(2011-2020), which will be issued during the event.

Chongqing is the youngest municipality directly under the central government, and also one of the municipalities with the most investment and innovation potential in China. In recent years, Chongqing has made palpable progress in IP works, topping in western region. It exerts the role of patent in industrial restructuring, which contribute a lot to sustain and rapid development of regional economy. The event means a great deal to Chongqing, also the main field of the event, which indicates the city's IP works were affirmed by the government. It would facilitate Chongqing as an IP protection model city, bring along the IP development of whole western region, thus promote social development and the implementation of Western Development Strategy.

Having had three successful experiences, the event has achieved a scale effect and brand effect. On the basis of the previous event, the Fourth China Patent Week will become an national event with its aim to bring IPR to public attention, create a favorable social environment for invention and intellectual output protection, guide the public to better utilize patent system, promote the commercialization of self-innovation. It would also become an important event for presenting national patent works, and revealing the importance of patent system and the development of China's patent community and achievements.

Today, the Fourth China Patent Week is taking place in Chongqing and branch fields nationwide. Chongqing leaves grand and ardently, while it is also interesting activities throughout branch fields. We are convinced that, with the support of central government agencies and local governments, and with the participation of patent practitioners, China Patent Week will certainly become a splendid gathering for patent practitioners nationwide.

I wish the event to be a success. Thank you!

Source: China Patent

The 4th China Patent Week Launched

On November 7, the 4th China Patent Week, promoted by SIPO, was inaugurated in Chongqing. The theme of this event is utilizing patent system to promote economic and social development mode transformation and make China an innovative nation. A grand opening ceremony for the event and China (Chongqing) Low-Carbon Patent Technologies Exhibition & Trade Fair was jointly held by SIPO and the Government of Chongqing. "Concerted efforts should be made to exert the important role of IPR, make full use of patent system and provide a strong support and guarantee for building an innovative nation", said SIPO Commissioner Tian Lipu in his speech.

The event will take place nationwide from November 7 to 13. During the event, SIPO will issue a National Patent Development Strategy (2011-2020), hold a national IP administration meeting, jointly organize the 12th China Patent Awards with WIPO, and popularize patent E-filing nationwide. In parallel, the IP protection symposium of foreign investment institutions, China low-carbon patent technology fair and IPR financing forum will be also held in Chongqing.

In a bid to foster public patent awareness, create a sound environment for invention and intellectual output protection, guide the public to better utilize the patent system and prop up commercialization of innovation achievements, the event includes a series of activities known as popularizing patent law and regulation, stepping up IP protection, cultivating policy environment, supporting the service requirement of company, patent fair, utilizing patent information, enhancing service quality and personnel training.

Source: China Patent

Guangdong Mug handles 145 Infringement Scenarios of Asian Video games

Guangdong Grips 145 Infringement Circumstances of Asian Online games According to that press conference critiquing IPR protection with Guangzhou Asian Mmorpgs on October TWENTY SIX in Guangzhou, in a very bid to imporve IPR protection connected with Asian Games, Guangdong bodies handled cumulatively 145 infringement scenarios of Asian Game titles, the legitimate protection under the law and interests belonging to the Organizing Committee lovers and sponsors with regard to Asian Games was effectively safeguarded. Among the list of 145 IPR infringement circumstances, 144 of that are administrative cases as well as remaining was any judicial one. The cases are mainly regarding illegal marketing also to goods such seeing that toys, clothes, papers and gifts. By today, all the infringement cases happen to be effectively resovled. Source: China Patent

China Intellectual Property Index 2009 Released

China intellectual property index 2009 was released on October 20 in Beijing. The study shows that among the regional IPR index ranking, Beijing takes the top, followed by Shanghai and Guangdong.

According to the study, Beijing, Shanghai, Guangdong, Jiangsu, Zhejiang, Tianjin, Shandong, Liaoning, Chongqing and Fujian are the top 10 cities and provinces on regional IPR comprehensive strength ranking list. It also shows that the comprehensive strength and ranking rates decreasing stepwise from eastern, central and western China obviously.

Source:China Patent

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SIPO Book: IP Agency Shortfalls and Outlook

Intellectual property services are crucial to industrial transformation and the competitive edge of a company and even a nation, said Yang Tiejun, vice-commissioner of the State Intellectual Property Office (SIPO).

Yang made the remarks in Beijing at a ceremony to launch publication of an essay collection titled Intellectual Property Services and Technological and Economic Development.

The book is the result of SIPO's nationwide essay competition that began in March to promote development of intellectual property services and examine theory and practices in the field.

Of the 130 entries submitted in the competition, 67 were included in the final collection.

Topics range from access, regulation and management of patent agencies to research and application of information, industrialization of intellectual property, service criteria, patent securitization and strategies for a national system of intellectual property services.

Also including policy interpretation and case analyses, the collection is expected to provide needed insight on the industry and boost technological progress, according to SIPO.

Some of the book's writers attended the launch ceremony, which also included experts who discussed developing trends in patent services.

The subject is timely because there is now vicious competition and lack of professional integrity that is devastating the industry, said Wang Jingchuan, former chief of SIPO, who contributed an article to the book.

There are now 7,000 patent agents nationwide.

Mao Jinsheng, head of SIPO's intellectual property development research center, noted the importance of patent documentation because it combines technological information, business and legal rights.

Patent agents should be trained in information analysis to provide more valuable services, he suggested.

The knowledge-intensive service sector is projected to contribute around 70 percent to regional GDP in the near future, said Cai Yonglian, an official with the Shanghai patent administration and also a contributor to the book.

Traditionally, intellectual property services covered agency in application and registration, litigation and consultancy. The sector has now expanded to evaluation and trade in patents, trademarks and copyrights.

Early warning of potential infringements, trusteeship and securing loans using intellectual property as a collateral are all included in the sector, said Yang from SIPO. "As China is now on the stage of restructuring industries and shifting to an eco-friendly and resource-efficient growth pattern, there is a growing need for intellectual property services," he said.

Source: China Daily

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Liaoning: Dalian Karaoke Houses Sing the Blues and File Appeal

Three karaoke houses in Dalian have been ordered to pay more than 45,000 yuan to Beijing Tianyu Tongsheng Information Technology Co Ltd for copyright infringement.

The Beijing firm, authorized to maintain copyrights for many digital music producers, filed the infringement complaint against the karaoke operators with a Dalian court earlier this year, claiming that unauthorized use of its portfolio of music videos “severely violated” the rights of copyrighters.

The company also asked that defendants be required to delete the infringing items from their playlist.

The defendants then lodged an appeal to a provincial court, which upheld the lower court decision.

Source: China Patent

China Patent Application is Going to Explode

China is projected to guide in patent activity by 2011, in accordance with some thorough intellectual property resource (IP) evaluation released with the IP options company of Thomson Reuters. China’s patents concentrate has ongoing for getting electronic computing, a tendency began within your 1990s/2000s outsourced workers boom to China, but progressively they are chinese language program companies, not multinational parent companies, filing, says Thomson Reuters.

The study, “Patented in China II: the present and long-term connect of Innovation in China,” tracks globally patent activity like a barometer for innovation throughout dozens of metrics to provide a look at into China’s innovation economy.

This 2nd edition from the Thomson Reuters evaluate suggests that patent filings in China will outpace the US and Japan in 2011, one twelve weeks earlier than was forecast once the earliest edition from the evaluate was released in 2008. The projected growth in chinese language program patent activity is dependent on evaluation from the complete quantity of first-patent filings in China, Europe, Japan, Korea as well as the U.S. China experienced an yearly growth price of 26.1% in complete patent quantity from 2003-2009, as when in comparison with its closest rival, the U.S., using a 5.5% growth rate, but bigger bottom amount of patents. Also read: Ranking the nations on nanotech

Beyond projected patent growth, the evaluate also examines the composition of patents from China relative to its peer set globally, domestic vs. overseas patent applications, patent modern advances areas, government/policy implications, and patent great quality vs. quantity.

While innovation by domestic entities is producing China’s patent boom, China can be expanding its IP protection overseas. From 2007-2008, the growth price of China’s overseas patent fillings in Europe, Japan as well as the U.S. have been 33.5%, 15.9% and 14.1%, respectively.

Government innovation incentives, R&D taxes deductions, chinese language program premier Wen Jiabao’s responsibility to produce China an innovation-centered economy, and unique patent sorts (such as power models) contribute to China’s acceleration to the best innovator spot.

As the chinese language program financial landscape changes, a massive shift is happening in patent filings: agri-centered innovation associated to dishes production is developing a good offer additional progressively than high-technology innovation. there is a 4,861% increase in domestic chinese language program patent purposes in electronic personal computers within your decade from 1998 to 2008, versus a a good offer additional modest increase of 552% in all natural options and polymers for that exact same period.

Approximately half of all chinese language program patents filed in 2009 have been power models, that are less-rigorous, more-affordable types of patents that provide 10 many years of protection (versus twenty many years for creation patents). using power type patents in China has grown at a price of 18% every annum because 2001. power models are also a potentially beneficial technique for overseas filings in China.

 

International Patent No. Rapidly Rises

The amount of global patent products from China grew sharply inside the main half with this year, displaying that chinese language courses companies have sharpened their borders in around the earth intellectual property or home competition, in accordance with market insiders.

Chinese products using the United States Patent and Trademark workplace enhanced 31.7 % to 3,063 filings from January to June, regardless of the actuality that Japan’s Patent workplace acquired a complete great offer much more than 500 products from China through exactly the comparable period, up 16.9 % from the twelve weeks ago.

The amount of products from China using the European Patent workplace surpassed 1,000 much more compared to period, a increase of 32 % year-on-year, much higher compared to 1.3 % progress in complete filings.

International patent products from China largely offer using the telecommunications industry.

Last twelve weeks some 10 % of complete telecommunications patent products around the earth arrived from China since the industry goes on to embrace innovation with progress of emerging modern advances like cloud computing, an Internet-based approach to shared computing.

Since the middle federal government mounted a nationwide intellectual property or home generate in 2008, the innovation capacity, consciousness of intellectual rights and global competitiveness at China’s companies enhanced substantially, according using the talk about Intellectual property or home workplace (SIPO).

A increasing amount of chinese language courses companies are now eyeing overseas market segments and recognize the worth of intellectual property or home protection.

Data away from your world Intellectual property or home workplace (WIPO) show that almost 8,000 products filed below the Patent Cooperation Treaty (PCT) arrived from China in 2009, an improve of 29.7 % much more than 2008.

China altered France since the fifth-largest source of applicants quickly after the US, Japan, Germany and South Korea.

But a massive gap goes on to be using the best three powerhouses in global patent applications. The US listed 45,790 last year, taken by Japan with almost 30,000 and Germany using a complete great offer much more than 16,700. China’s companies, organizations and individuals filed 7,946 PCT products last year.

There can be considered a shortfall inside the exceptional quality of global patents from China, in accordance with SIPO.

Within the PCT system, not all global patent products can withstand scrutiny in so-called nationwide point entry filings.

WIPO information show that every individual of China’s PCT filings have been authorized with the equivalent worth of 0.76 of the united states on common in 2008, reduce compared to US and Japan’s common of 2.5 and South Korea’s 1.6 average.

Among the actions SIPO suggests is a complete great offer more works tracking commercial trends, monitoring technological innovation and enhancing control of intellectual property.

Efficient utilization of patent documentation and progress of individual assets in equally R&D and intermediary companies are also anticipated to support improve innovation capacity, specialists said.

SIPO processed 467,000 domestic patent products in between January and June, up 9.6 % year-on-year.

Of them, twelve % have been from abroad, a rebound quickly after the around the earth financial turmoil using the previous two years.

US products for development patents – probably the most stringent – enhanced 15.6 % in China to 12,803 filings, 4 occasions’ people from China using the US.

European and Japanese development patent products surged even more, to some complete great offer much more than 14,000 and 16,000 respectively, increasing 11.3 and 4 percent.

Source:China Patent