Guidelines to Determination Standard for Patent Infringement and Counterfeits (Draft for Seeking Opinion) was Released to Seek Opinion from the Public

A few days ago, the reporter learned from the China State Intellectual Property Office (SIPO) that the Guidelines to Determination Standard for Patent Infringement and Counterfeits (Draft for Seeking Opinion) (hereafter referred to as “Guidelines (Draft)”) was released to seek opinion from the public.

The relevant responsible person from the Patent Management Department under SIPO indicated that, according to the requirement by the Decision on Strengthening Patent Administrative Enforcement Work and Measures to Improve Patent Administrative Enforcement Ability, the SIPO organized the draft of the Guidelines (Draft) in order to further improve the standardization and rationality and promote the harmonization of the patent administrative enforcement work by the nationwide intellectual property system. As for the determination of protection scope of inventions and utility models, the Guidelines intended to regulate the product and process claims according to the subject of protection based on which the claims are to be divided into two types, product claims and process claims.

It was introduced that the Chapter I of the Guidelines (Draft) titled Determination of Patent Infringement for Inventions and Utility Models and the Chapter II titled Determination of Infringement for Design, which illustrated the protection scope of the right, identification of the right, interpretation of the claims, infringement determination, etc. The Chapter III titled Determination of Patent Counterfeits which illustrated the determination standard of patent counterfeits, definition of the concept, factors of patent counterfeits, patent counterfeit acts and patent infringement acts, etc.  

Date: October 9, 2013                        
Source: SIPO