The amended Implementing Regulations of the Patent Law (the Implementing Regulations) was finally promulgated on December 11, 2023, and to come into force on January 20, 2024.
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.
When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.
As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People’s Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.
