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August 2017
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“Patent Prioritizing Examination Regulations” Newly Implemented

On June 28th, 2017, SIPO issued “Patent Prioritizing Examination Regulations,” which will take effect on August 1st.

According to the Regulations, patent application and patent re-examination case related to energy saving and environmental-friendly technology, alternative energy, new materials, alternative energy cars, intelligent manufacturing etc., which are countries prioritizing industries, and the internet, big data, cloud computing, can all be prioritizing examined. The Regulations also stipulates: under certain circumstances, when an invalidation case involves patent infringement lawsuit or state and public interest, prioritizing examination can also be requested. If SIPO grants prioritizing examination, the case shall be concluded within the prescribed time limit.

The Regulations reveals that on one hand, by invoking prioritizing examination systems, state supports patent protecting technical solution in cutting edge field via patent right, and strictly regulates time limits for decisions, so as to protect the interests of patentees from the root of the system. On the other hand, by prioritizing the examination of the invalidation request related to patent infringement lawsuit can speed up the proceeding of the patent litigation, reduce the litigation exhaustion, and improve judicial efficiency.

The Regulation leans to patentee side. Chang Tsi & Partners, as a professional law firm with intellectual property at the core of our business, provides multi-level, one-stop quality legal services to our customers. We suggest that patentees shall fully take advantage of the system, and speed up their patent prosecution and invalidation proceedings, so as to fully secure their rights.

An interview from Nancy Qu --

Strategies for Patentee in Administrative Lawsuit against Design Patent Invalidation Decision