China National Intellectual Property Administration has issued this notification on May 10th, 2021 to carry out the “decentralization-control-service” reform and improve the business environment in order to push the high-quality development in the domain of intellectual property.
- Continuously cut the review period of trademark and patent
For the registration and authorization, by the end of 2021, the average review period of trademark registration shall be stayed within less than 4 months, the general period of trademark registration shall be reduced from 8 months to 7 months; the review period of invention patent shall be reduced from 20 months to 18.5 months, among which the review period for high-value patent shall be reduced to 13.8 months. For the trademark or patent which is needed for the COVID-19 prevention, it shall be given a priority for application review.
For other businesses, by the end of 2021, the average review period of trademark transfer, objection, rejection and invalidation shall be respectively reduced to 1.5 months, 12 months, 5.5 months and 9 months, and the period of electronic application shall be reduced by another fifth.
- Raise the quality for application of trademark and patent
Adjust due sponsor and incentive policies, and strengthen the supervision for review. Malicious registration of trademark and abnormal patent application would be severely punished. The malicious registration of trademark without the purpose of use and abnormal patent application without the purpose of innovation protection would be counted into credit supervision system.
- Improve the public service efficiency of intellectual property
Raise the level of information technology. Comprehensively implement the electronic certificates, unify the identity certification, promote the online application of intellectual property cases, and improve the delivery rate for instruments through email and message.
Simplify the dealing processes. Optimize the payment, and promote the quick acceptance of trademark application. The time for applying for the patent right evaluation report would be transferred from previous than the patent authorization announcement to during the patent right registration.
Improve the diversified review models. Establish and improve a green pass as acceleration mode for trademark review, and allow applicants to request the withdrawal of the delay review before the expiration of the delay period.
Construct an equal public service system for intellectual property rights.
- Further raise the protection for intellectual property rights
Strengthen the guidance on the law enforcement and protection of intellectual property rights. There would be more guidance on trademark violations and administrative rulings over patent infringement disputes. The early settlement of administrative adjudication over drug patent disputes shall be established as a kind of working mechanism.
Construct the intellectual property protection system, through the cooperation between intellectual property dispute mediation, administrative law enforcement and justice to achieve both online and offline development for intellectual property.
- Regulate further supervision on relating service industry
Punish those illegal agents for the range of online trademark agency and transaction.
Promote the opening for the intellectual property service industry. Pilot reforms shall be carried out for qualified foreigners to take the qualification examination for patent agents, and foreign patent agencies may set up the permanent representatives in China.
- Push the transformation and application for intellectual property rights
Fully explore the information value of intellectual property. Early warning mechanism shall be established and improved for the patent risk of small-and-medium-sized enterprises to facilitate those enterprises understanding patent intelligence information in time.
Improve the market-oriented operation capacity for intellectual property rights. Continually promote the transformation of scientific research achievements in institutes and universities, and vigorously promote the financing of intellectual property pledge in the development zones.
Implement opening for the patent licensing system, and disclose the relevant information as basic patent data and licensing fees.
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Mr. Mike Chang (Partner)