Navigating the Chinese Patent System: What U.S. Patent Counsel Need to Know, Leveraging Recent Amendments
Protecting IP Rights in China, Changes After the Phase One Trade Deal, Understanding Current Litigation Trends, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Patent
- event Date
Thursday, November 17, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide U.S. patent counsel and companies on Chinese patent law and what they need to know about the Chinese system. The panel will address changes to the Guidelines for Examination and new draft amendments, current litigation trends, and the AUCL. The panel will offer U.S. companies and counsel best practices for increasing IP protection under the Chinese system.
Faculty

Mr. Luo's practice focuses on IP litigation and other related dispute resolution matters in China. He has extensive experience litigating complex patent and high-tech trade secret disputes on behalf of multinational clients. Mr. Luo has represented many renowned multinational and domestic companies from a variety of industries. The clients he has served include Nokia, Phillips, Siemens, Emerson, EMC, Fairchild, Applied Materials, SONY, Nikon, Lenovo, and Shanghai Electric. Mr. Luo's litigation experience has covered all types of IP related disputes, including patent, trademark, copyright, trade secret, unfair competition, and antitrust disputes. He also has ample experience with patent invalidation proceedings before the Patent Reexamination Board of the State Intellectual Property Office.

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.
Description
Protecting IP in China is essential to any global company's overall strategy. By obtaining and enforcing Chinese patents, U.S. companies can directly pursue alleged infringers in China. China may be favored for patent infringement litigation because patent infringement cases in China are fast-paced and low-cost and because Chinese IP courts are not reluctant to order injunctions. For example, the average time from filing to a verdict at Beijing's IP court is four months vs. the U.S. courts' two-plus years. U.S. companies and their counsel must understand the Chinese IP system to leverage its advantages effectively.
The China National Intellectual Property Administration (CNIPA) released its Draft Revised Patent Examination Guidelines on Aug. 2, 2021, seeking to improve patent quality and increased efficiency in patent examination.
On June 1, 2021, China’s newly amended Patent Law went into effect. These amendments provide patent term extensions for certain patents, patent linkage, increased damages, and partial design patents. Revised final Implementing Regulations of the Patent Law are awaited. Additionally, China is working on legislative and judicial changes to other essential IP rights.
Further, companies seeking to protect intellectual property in China should also consider the Anti-Unfair Competition Law (AUCL). Used mainly by Chinese companies to resolve claims that should but cannot be addressed by current IP laws, Chinese authorities have increased enforcement of the AUCL, resulting in substantial fines for companies.
Listen as our authoritative panel of patent attorneys guides practitioners on Chinese patent law and the Chinese system. The panel will discuss the new amendments to the Guidelines for Examination and current litigation trends. The panel will also discuss the AUCL and offer best practices for U.S. companies and counsel to operate in the Chinese system and increase IP protection.
Outline
- Chinese patent law and what U.S. patent counsel and companies need to know
- Guidelines for Examination amendments
- Key changes in the Fourth Amendment of the PRC patent law
- Current litigation trends
- Best practices for operating in the Chinese system to increase IP protection
Benefits
The panel will review these and other priority issues:
- How the amendments to the Guidelines for Examination change patentability in China
- The role of the AUCL in IP enforcement in China
- Litigation trends in China and the advantages of using the Chinese IP system
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