Category: CNIPA
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China’s revised chip layout rules bring a patent-style revocation route, upfront identification of original features and punitive damages
China has created a patent-style CNIPA revocation route for chip layout-design disputes and introduced punitive damages of up to five times. The revised rules also require applicants to identify claimed original features and allow China to take countermeasures against discriminatory foreign restrictions on layout-design protection.
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The CNIPA aligns China’s administrative SEP injunction standard with courts’ FRAND test
The CNIPA has made FRAND review a condition for administrative SEP cease-infringement orders, aligning the administrative approach with the judicial test. The clarification closes a gap in China’s dual-track patent enforcement system while CNIPA promotes greater use of administrative proceedings for SEP disputes.
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Lose three validity battles, win the infringement war? Microsoft’s CNIPA record against Newman’s GUI patent
A long-running Chinese touchscreen patent dispute between Newman Infinite and Microsoft has now reached China’s Supreme People’s Court, after the latter failed in four patent invalidation attempts. But the record is less one-sided than it currently appears to be.
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An overview of China’s patent proceedings
ip fray provides an overview of CNIPA patent administrative proceedings, including procedural steps, review processes, and key features – as well as the interaction between the patent infringement and administrative proceedings.