China E-ventions
Selected Software-Related Invention Patents
Vol. 1 , No. 4 - October 30, 2001
Welcome to China E-ventions. Keeping up with technology is difficult enough, but learning about new trends in patent examination methods and policies in different countries is a monumental task. One area of keen interest these days involves a particular classification of patent that goes by many names: business method patent, Internet patent, software patent, and so on - in China, "software-related invention patents". To be clear, many of these names have distinct definitions in certain jurisdictions; however, their similarity has caused great confusion for international practitioners.
The purpose of this newsletter is to provide the foreign patent practitioner with China patent news as well as a regular snapshot of how China's State Intellectual Property Office (SIPO) is approaching these kinds of inventions.
Viagra Patent Wrangle Stirs Up Resentment
Despite heavy investment in developing generic medicine and efforts to lobby the government, domestic drug makers are unlikely to be successful in their appeals to abolish the recently granted Chinese patent for the impotence drug, Viagra.
The Chinese media have reported that if US pharmaceutical giant Pfizer is granted a monopoly, domestic drug makers stand to lose up to RMB 200 billion (US $24 billion) in investments.
The State Intellectual Property Office - the overseeing government body, had received an appeal to abolish the patent from a number of domestic drug makers. The office will form an expert panel to review the appeal.
The famous drug makers who launched the appeal argue that there were a number of reasons why the Viagra patent was invalid and should therefore be abolished. The major reason being that before Viagra was first produced in the United States, its active ingredient - sildenafil citrate - had already been known to the academic community.
Since 1994, when Pfizer's Viagra became a success story in the world pharmaceutical industry, many Chinese drug makers had invested millions of yuan in developing a generic drug equivalent to Viagra. Some had begun clinical trials.
Despite the crushing losses expected in the domestic market, experts said that abolishing Viagra's patent would be hard to achieve.
Unlike other patents, the invention patent for Viagra has been repeatedly inspected and reviewed by authorities and experts over the last seven years. Pfizer began applying for a Chinese patent for Viagra in 1994 and the company had already obtained patents in many other countries.
Viagra is reportedly no longer under patent in the United States and its patent in the United Kingdom has been abolished after successful appeals from drug makers.
Presently 90 per cent of Western medicines produced in China are generic drugs.
The State Intellectual Property Office said that they would strictly follow the legal process to deal with the appeal and that the long-term negligence of local drug makers on intellectual property rights made them overlook Pfizer's application.
US $6,024 for Stealing Design
Shanghai Xiaomianyang Bedroom Appliance Co has agreed to pay the US-based Dupont Co US $6,024 in compensation and make a public apology for using Dupont's emblem on a quilt cover, the Shanghai Morning Post reported.
Dupont sued Xiaomianyang for infringing on its intellectual property rights, seeking US $60,000 in damages.
Dupont officials argued that a quilt cover produced by Xiaomianyang was identical to the design Dupont had registered. Both parties agreed to settle the dispute with mediation.
Documented Regulations on the Judgment of Patent Infringements
China has documented regulations for the first time on the judgment of patent infringements, said an official from Beijing Municipal Higher People's Court at a working conference last Wednesday.
He noted that a committee of the Beijing Court had discussed "suggestions on the judgment of patent infringements (for trial implementation)," and would implement them as of last Wednesday.
Statistics show that the Beijing Court had received 773 cases on patent matters, running from 1985 to 2000. "Suggestions on the judgment of patent infringement (for trial implementation)" involved 129 articles involving various fields of patent infringement judgment.
A Selection of Software-related Invention Patents Published in China
Application Number : 99102646
Publication Number : 1269568
Application Date : 99.04.05
Publication Date : 00.10.11
Title : Stereo anti-forgery tag separated from commodity packing mark
Intl. Class. Nr. : G09F 3/02
Applicant's Name : Mu Zhifang
Inventor's Name : Mu Zhifang
Legal Status : Publication
Abstract : This method for anti-forgery consists of the marking of the commodity with a separate voucher slip which is incorportated into it's packaging and sealed by a thin, tamper-proof coating. It has many
functions: to identify the good, to enable the verification of a good and therefore to reduce forgery by use of an anti-forgery retrieval code and a telephone number.
If the packaging is made out of a thin paper material, the packaging can carry a water-proof watermark Said invention can not be imitated or diverted.
Application Number : 99122040
Publication Number : 1248029
Application Date : 99.10.26
Publication Date : 00.03.22
Title : Monitoring and tracing method to combat forgery of circulating commodities
Intl. Class. Nr. : G06F 17/60
Applicant's Name : Li Lianqi
Inventor's Name : Li Lianqi; Tang Jie; Zhang Jianrong
Legal Status : Substantial Examination
Abstract : The anti-forgery monitoring method includes: establishing one anti-forgery monitoring network for circulation of commodities; establishing enterprise's anti-forgery data file with a binary cipher for each product; producing a binary cipher on the commodity; verification of the commodity by the consumer through the anti-forgery monitoring network; and the decoding of the binary cipher by the anti-forgery monitoring network to verify the authenticity of the commodity. The creation of the binary cipher includes: enciphering a quaternary 16-bit base information code into a 32-bit random code and to further form a 12-bit digital cipher and a 13-bit digital bar cipher.
Application Number : 98125919
Publication Number : 1257252
Application Date : 98.12.12
Publication Date : 00.06.21
Title : Information database management system for all- round monitoring and controlling of commercial tax dodging
Intl. Class. Nr. : G06F 17/60
Applicant's Name : Li Yue
Inventor's Name : Li Yue
Legal Status : Substantial Examination
Abstract : The present invention relates to an information database management system for all-round monitoring and controlling of commercial tax evasion. It is characterized by the collection of a series of data, including dates of the sale of goods, classification of goods, quantity of goods and their order numbers, after-tax commodity codes, taxation checking and confirming, packing codes, buyers and inquiry information of tax officials about taxation state of said commodity, etc. are programmed into a data information library of a computer PAT system so as to implement automation of tax administration.
Application Number : 97101572
Publication Number : 1192015
Application Date : 97.02.28
Publication Date : 98.09.02
Title : Commodity anti-forgery method and computerized anti- forgery system
Intl. Class. Nr. : G06F 17/60
Applicant's Name : Zhuang Yukun
Inventor's Name : Zhuang Yukun; Xu Hongguang; Guo Yong
Legal Status : Publication
Abstract : Each unit of a commodity is given a regular and unique serial number, which is encoded to obtain a corresponding cipher and which is printed by a trade mark. The printers of the packaging are to produce two parts of the code, the serial number being stuck onto the outer package and the cipher being sealed into the inside of the package. After the commodity is sold and unpacked, the consumer can verify the authenticity of the goods by calling an automated telephone system. Through the direct confirmation by the producer, the said method can solve the problems encountered by forgery.
Application Number : 97101642
Publication Number : 1190222
Application Date : 97.02.05
Publication Date : 98.08.12
Title : Anti-forgery method, mark and computer for commodities
Intl. Class. Nr. : G06F 17/60
Applicant's Name : Chen Wangping
Inventor's Name : Chen Wangping
Legal Status : Substantial Examination
Abstract : The present anti-forgery method, including an anti-forgery mark, an anti-forgery computer, a checking computer and a central data base, can be used globally for anti-forgery. The anti-forgery mark has a cipher in its inner layer, the mark is used for data exchange with a central data base through the anti- forgery computer or checking computer, where the commodity verification data and "reference" data are obtained directly.
Application Number : 97107501
Publication Number : 1199671
Application Date : 97.05.19
Publication Date : 98.11.25
Title : Anti-forgery method and lottery ticket for commodity sales promotion
Intl. Class. Nr. : B42D 15/10
Applicant's Name : Zhang Hang
Inventor's Name : Zhang Hang
Legal Status : Substantial Examination
Abstract : Each unit of a commodity has one marked lottery ticket number, and the issuer, the customer and even the retailer can possess a lottery ticket cashing certificate. This method can root out fake commodities and fake numbers during the cashing of the lottery ticket. Making the retailer possess a lottery ticket cashing certificate gives them a prize winning chance, and this can promote commodity sales and put an end to the sale of fake goods.
Lehman Lee & Xu
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