Lack of Confidentiality Review: CNIPA Declares Patent Invalid

In May 2022, for the first time in Chinese history, a Chinese patent was fully invalidated by the CNIPA examination board (Decision 55586) because the patentee failed to apply for a confidentiality examination before filing the first foreign application. According to Article 20.1 of the Chinese Patent Law, any invention made in or partly made… Continue reading Lack of Confidentiality Review: CNIPA Declares Patent Invalid

Patentability of Software-Related Inventions

Since patents were traditionally intended to protect technical solutions such as those required for mechanical devices, it is still not possible to obtain a patent for a computer program per se. However, there are ways to include software in a patent application. In 2020, the China National Intellectual Property Administration (CNIPA) revised its examination guidelines… Continue reading Patentability of Software-Related Inventions

Stricter Control of Experimental Data in China

In the field of pharmaceutical and chemical substances, inconsistencies in the experimental data of a patent application in China can lead to the doubts on patent’s validity. The Higher People’s Court in Peking has decided in multiple cases that submission of incomplete or false data violates the “quid pro quo” principle in disclosing the patent… Continue reading Stricter Control of Experimental Data in China