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    China Cracking Down and Withdrawing Abnormal Patent Applications Not for Protecting Innovation


    4/12/2021|INSIGHTS

    In order to implement the decisions and arrangements of the Party Central Committee and the State Council, China National Intellectual Property Administration (CNIPA) issued Notice concerning Measures Regarding the Regulation of Patent Applications to promote China's transformation from a major country of introducing intellectual property rights to a major country of creation and from the pursuit of quantity to the improvement of quality. In recent days, CNIPA has investigated a batch of cases on abnormal patent applications, and reported the related information.


    In Jiangsu Province, the abnormal applications were found for 10,495 applicants and 309 agencies, including 149 patent agencies in the province. In Sichuan Province, a total of 12,601 abnormal patent applications were not for the purpose of protecting innovation (79 of which have been withdrawn voluntarily), including 2,246 applicants and 113 agencies. In Jiangxi Province, a total of 3,469 abnormal patent applications were not for the purpose of protecting innovation, including 946 applicants and 101 agencies. Jiangxi Province requires the relevant applicants to examine all patent applications that have not been reviewed (a list of applicants involved shall be issued separately), and all patent applications that are truly not for the purpose of protecting innovation should be withdrawn. If they are voluntarily withdrawn, they may be punished at a lighter level. For those who refuse to withdraw and fail to provide sufficient written evidence, they shall be punished according to the law. If it is necessary, the relevant evidence may be transferred to the public security and credit supervision departments for disposal to be handled according to law. The applicants of the abnormal patent applications shall be not funded or awarded, and for the funds or awards having been given, all or parts shall be withdrawn. The coordinated governance to the abnormal patent applications shall be improved. The managements on patent applications within the jurisdiction shall be checked and rectified, including improving the assessment index system, adjusting the policy of funding and awarding, strengthening the credit supervision of patent applications. The patent trading shall be strictly regulated and supervised, including carrying out the cross-department information disclosure, and launching report-investigate mechanism. The activities of patent agencies shall be supervised. “Blue Sky” program is continuing cracking down the agencies’ abnormal patent applications not for purpose of protecting innovation. For patent agencies and attorneys representing abnormal applications, they shall be investigated and punished according to the law.