Zhejiang, China Fines Hangzhou Patent Firm for Not Withdrawing 164 Abnormal Patent Applications and Suspicion of Filing 1,192 Abnormal Applications in Total

In a call dated October 21, 2021, the Zhejiang Provincial Market Supervision and Administration Bureau  fined a Hangzhou, China patent agency 20,000 RMB for not withdrawing irregular (irregular) patent functions in resolution no. 浙市监处罚〔2021〕3号.  The China Nationwide Mental Property Administration (CNIPA) has outlined irregular functions in the Measures Regarding the Regulation of Patent Applications (关于规范申请专利行为的办法) and contains submitting a number of similar patent functions amongst different actions.

On February 22, 2021, the CNIPA reported the existence of irregular patent functions for non-protection of innovation in Zhejiang Province by way of the Notification of the Workplace of the CNIPA on Related Points regarding Patent Applications in Zhejiang Province (国知办函保字[2021]161号). CNIPA had recognized 777 suspected irregular patent functions involving the events involved.

After receiving the request for rectification, the events involved didn’t earnestly rectify, ensuing in 164 suspected irregular patent functions not being withdrawn, and did not conduct a complete examination of the patent functions represented by the remaining events, ensuing in a notification of the second batch of irregular functions in Could 2021 itemizing 415 suspected irregular patent functions involving the brokers.

In all, the events have been suspected of representing 1,192 irregular patent functions.

Punishment features a warning, an order to appropriate the violation inside a time restrict, and a high-quality of 20,000 RMB. 

This contrasts with earlier circumstances in which patent companies have been fined for submitting irregular functions, even when they withdrew them. For instance, earlier this yr, Shanghai fined a firm for filing 26 irregular design applications although the agency withdrew the functions.  Shanghai additionally proposed fining applicants up to 150,000 RMB for submitting irregular patent functions.

Article 2 of the Measures Regarding the Regulation of Patent Applications (关于规范申请专利行为的办法) defines the next behaviors as irregular or irregular:

  1.  Concurrently or successively submitting a number of patent functions which can be clearly the identical in invention-creation content material, or are basically fashioned by easy mixtures of totally different invention-creation options or components;

  2.   The submitted patent software accommodates fabricated, cast or altered innovations and creations, experimental information or technical results, or plagiarism, easy alternative, patchwork of present know-how or present designs, and many others.;

  3.   The invention-creation of the submitted patent software is clearly inconsistent with the precise analysis and growth capabilities and useful resource situations of the applicant and inventor;

  4.   The invention-creation content material of a number of patent functions submitted is principally generated randomly by laptop packages or different applied sciences;

  5.   The invention-creation of the submitted patent software is an invention intentionally fashioned for the aim of circumventing patentability examination, which is clearly inconsistent with technical enchancment or design frequent sense, or has no precise safety worth, is inferior, piles up, or unnecessarily limits the scope of safety Creation, or content material with none search and overview significance;

  6.   In an effort to evade the supervision measures towards irregular patent functions, a number of patent functions which can be considerably associated to a selected entity, particular person or deal with are scattered, submitted sequentially or in totally different locations;

  7.   Not shopping for or reselling patent software rights or patent rights for the implementation of patented applied sciences, designs or different respectable functions, or falsely altering inventors or designers;

  8.   Patent companies, patent brokers, or different establishments or people, performing as brokers, inducing, instigating, serving to others, or conspiring with them to implement numerous sorts of irregular patent functions;

  9.   Different irregular patent functions and associated behaviors that violate the precept of good religion and disrupt the conventional order of patent work.

 

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