Recently, our firm won the first instance of an administrative litigation case for invalidation of an invention patent, in which it is ruled that the invention patent should be comp...
Introduction In the chemical field, it is difficult to seek invalidation of a patent claiming to have achieved unexpected technical effect. This case provides a strategy for success...
What’s New in February, 2023





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Patent
 
“Metaverse” Related Patent Applications Shoot Up
 
The Korean Intellectual Property Office (KIPO) said on Feb. 5th that the number of “Metaverse” related patent applications filed with IP5 (Korea, the United States, Japan, China, and Europe) sees an average increase of 16.1% per year in the past decade from 2011 to 2020. IP5 received 43,698 applications from 2016 to 2020 which is about 3 times the number from 2011 to 2015 of 14,983.
 
From the applicants’ nationality, the US takes the first position with 17,293 applications, followed by China with 14,291 applications, and Korea with 7,808 applications; accounting for 35.9%, 29.7%, and 16.2%, respectively. 
 
The top three enterprises that filed the most applications worldwide in turn are Microsoft from the US (1,437), IBM (1,212), and SAMSUNG (1,173).  (Feb. 5th, 2023, jiemian.com)
 
 
Anti-Unfair Competition
 
Defendant Shall Pay Damages of About $427,570 and to Publish a Statement for Imitating the Decoration of Decathlon without Authorization
 
The Primary People's Court of Shijingshan District of Beijing Municipality concluded the case brought by DECATHLON against two defendants for using without permission a label identical or similar to the name, packaging and decoration, among others, of another party’s product with certain influence 
 
The court of the first instance held that two defendants constituted unfair competition for using the decoration of DECATHLON and ruled the defendants to stop such acts and publish a statement in China Intellectual Property News to eliminate the ill effect caused to the plaintiff; and a defendant, a well-known domestic outdoor brand, to pay DECATHLON economic loses and reasonable costs a total of about $425,570. (Feb. 2nd, 2023, Beijing High People’s Court)
 
Statistics
 
2022 China Valid Invention Patent Industrialization Rate Rises Remarkably
 
The industrialization rate of valid invention patents in China was 36.7% in 2022, 1.3% higher than the previous year, according to the 2022 China Patent Survey Report released by the China National Intellectual Property Administration (CNIPA).
 
The industrialization rates of invention patents in large and medium-sized domestic enterprises were 50.9% and 55.4%, up by 3.8% and 0.8% from last year, respectively. The industrialization rates of invention patents of national high-tech enterprises and the “little giant” enterprises that specialized and inventive in high-tech were 56.1% and 65.3%, which were 8% and 17.2% higher than the average level of Chinese enterprises, respectively.
 
The industrialization rate of invention patents in Chinese universities was 3.9%, an increase of 0.9% over the previous year. (Jan. 27th, 2023, People's Daily)
 
 
Others
 
China Released the First White Paper on the Development of IP Insurance
 
The Development and Research Center with the China National Intellectual Property Administration (CNIPA) and the PICC Property and Casualty Company Limited held a press conference in Beijing on February 8th to release the White Paper on the Development of Intellectual Property Insurance in China (2022) officially, which is the first in the industry jointly launched by the two parties.
 
“Intellectual property insurance” pays the economic losses that happened to the insured matters when the insured carries out intellectual property activities, including creation, protection, application, and management and services.
 
By the end of 2022, IPR insurance had provided more than $15.7 billion for more than 28,000 enterprises covering more than 46,000 patents, trademarks, geographical indications, and layout designs of integrated circuits. Feb. 8, 2023, (Chinanews.com,)

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