Fourth Amendment of Chinese Patent Law & Draft Implementation Rules: Patent Term Adjustments, Patent Damages, Open Patent License System, and More
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Patent
- event Date
Thursday, April 8, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will guide patent counsel on the amended Chinese Patent Law and the accompanying draft implementation rules. The panel will examine rules addressing design patents, patent term adjustment and extension, priority claiming, patent damages, and more. The panel will offer best practices for effectively navigating the new Patent Law and implementation rules.
Mr. Moga has over 30 years of experience in domestic and international intellectual property portfolio development and enforcement. He is an experienced patent prosecutor in the mechanical, chemical, biochemical, and pharmaceutical arts and has been qualified and has testified as an expert witness in patent disputes. As an intellectual property portfolio developer, Mr. Moga’s experience includes the development of domestic and foreign patent portfolios, the acquisition of registrations for trademarks and copyrights, licensing, and policy development.
Dr. Qin has extensive experience as a patent attorney. Focusing her practice in all aspects of patent and trademark prosecution, procurement and transaction, Dr. Qin has advised Fortune 500 companies, universities, start-ups, and individual inventors to identify, capture, and protect innovations. Prior to joining Rimon, Dr. Qin was an in-house counsel at IHHI, a start-up company engaged in nuclear energy research and development. As an in-house counsel, Dr. Qin helped to establish the company’s IP program, working with the engineering team on validation of their innovations. She was pivotal in the establishment of a multi-prong IP protection strategy aimed to protect the company’s business interests, regarding patents and trade secrets.
On Oct. 17, 2020, China promulgated the fourth amended Patent Law, which goes into effect on June 1, 2021. Subsequently, the China National Intellectual Property Administration (CNIPA) issued draft implementation rules on Nov. 27, 2020 to implement the amended Patent Law.
While many of the amendments codify practices already in use, other amendments set new standards and create new requirements. While the amended patent law does not elaborate or define a newly introduced term or provision, the draft implementation rules are intended to supply guidance. For example, while the amended patent law establishes the new PTE scheme, it does not elaborate on the definition of "unreasonable delay" that may trigger patent term compensation. The implementation rules provide guidance on reasonable delay, filing requirements, and how the PTE scheme will apply. Companies seeking to protect their IP in China must understand the amended Patent Law and the implementation rules.
Listen as our authoritative panel of patent attorneys examines the amended Chinese Patent Law and implementation rules. The panel will examine rules addressing patent term adjustment, patent term extension, claiming priority, and more. The panel will offer best practices for effectively navigating the new patent law and implementation rules.
- Amended patent law
- Patent term compensation
- Patent term extension for pharma patents
- Patent linkage system
- Patent damages
- Punitive damages
- Cap for statutory damages
- Burden of proof
- Administrative authority – local government
- Good faith and anti-patent abuse provisions
- Design patents
- Open patent license system
- Priority claims
- Best practices for protecting IP under the amended law
The panel will review these and other important issues:
- How the amendments change patent practice in China
- Patent linkage system
- Statute of limitations for instituting an infringement suit
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