China E-ventions
Selected Software-Related Invention Patents
Vol. 1 , No. 5 - November 9, 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.
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China Making Increased Efforts on Fighting Patent Infringement
According to the new amended Chinese patent law which took effect July 1 this year, patent holders will be able to block the sale of any of their products or technology before they are officially put on the market, in accordance with the Trade Related Aspects of Intellectual Property Rights (TRIPs). The move is aimed at curbing infringements of patents as early as possible. This has very much improved the Patent Law as previously it had no such stipulation.
Meeting the requirements of TRIPs -- a principle followed by members of the World Trade Organization (WTO) -- is important before China can join the economic super-group.
China, which introduced a patent protection system 20 years ago, has a long way to go in comparison with industrialized countries that have longer traditions of patent systems. Governments at all levels have been actively implementing laws of intellectual property rights and cracking down on any infringements.
Last year 60 foreign audio and video companies said some Chinese firms were producing digital video discs (DVDs) without abiding by patent laws.
The State Intellectual Property Office (SIPO) is investigating this complicated case, which is important to the profits and images of both domestic and foreign companies.
China adopted the Patent Law in 1985, with the first revision of the law taking place in 1992. By the end of last year, the country had received 1.17 million patent applications from domestic and overseas companies or institutions.
(Source: CRI Online)
Patent Protection Efforts Tied to Larger China Goals
More efforts are needed to deepen awareness of technology innovation and patent protection among industrial and academic sectors to help them fight off foreign competition after China joins the World Trade Organization (WTO). Although the country has made significant progress in patent protection since it implemented the Patent Law in 1985, some companies and research institutes are still clinging to the belief that patent protection is not available in China. While this is definitely an incorrect overgeneralization, more efforts are certainly required in enforcing patent rights.
Moreover, meeting requirements of intellectual property rights within WTO are crucial to the country's economic development long-term. Domestic enterprises must learn how to combine intellectual property rights protection with technology development. The Switzerland-based Lausanne Institute of Management and Development -- which publishes the world rankings for scientific development each year -- has listed the level of patent holding as a criterion to test a nation's technological innovation. Intensifying competition among enterprises and research institutes is the key to get them to treasure intellectual property rights, which have been regarded as an extremely valuable intangible asset by many firms in developed countries.
Companies in well-developed eastern areas, such as the city of Shanghai and Guangdong Province, are performing well in putting new technologies under the patent system umbrella. Yet the driving force of market competition plays little role in industrial firms of the military and large State-owned academic institutions. Researchers in these sectors -- which enjoyed governmental funds under the planned economy -- just rely on publishing theses. They care little about commercializing technological discoveries. They must be encouraged to develop patented technology in parallel with a more marked awareness of market competition. Regional intellectual property administrations will be mobilized to offer corresponding training programs regularly among these sectors.
China's legislation on intellectual property rights has met the standards set in the WTO and the most important thing now is enforcement. Regional governments have realized that counterfeiting will damage the image and interests of local industries, while only patented products can sustain the development of regional economies.
(Source: China Daily)
WTO-linked Laws Approved
China's top legislative body strengthened its copyright and patent laws when it met last weekend. Much of the work of the National People's Congress (NPC) was aimed at fixing laws related to the World Trade Organization to bring domestic practices in line with world rules, stated Li Peng, chairman of the NPC's Standing Committee. "The Committee's decisions to amend laws on copyright and trademarks will strengthen these areas," said Li at the conclusion of the session. "Together with last year's amendment to the patent law, we have revised the three major laws concerning intellectual property rights to meet the needs of reform and opening up."
Amendments to the Trademark Law will become effective on December 1. For more information on this subject, please see our special three-part series in our China Intellectual Property Law Newsletter beginning next week.
(Source: Xinhua News Agency)
A Selection of Software-related Invention Patents Published in China
Application Number : 00100257
Publication Number : 1264091
Application Date : 00.01.12
Publication Date : 00.08.23
TItle : Global tracking system for inquiries, Discrimination and protection of commodities and trademarks over Internet
Intl. Class. Nr. : G06F 17/60; G06F 15/16
Postal Code : (100071)
Inventor(s) Name : Liu Songwang; Yang Xintao; Wu Anwei
Legal Status : Publication
Abstract : An antiforgery global tracking system for inquiries, discrimination and protection of commodities and trademarks over Internet is composed of the serial number and cipher array generation system, Internet cipher check system,Internet data warehuse, and Internet inquiry system. It features that each commodity has a cipher and serial number and said system has a database for storing the ciphers of eachsold commodity or inquired ones and an inquiry device.
Application Number : 00114072
Publication Number : 1261183
Application Date : 00.02.21
Publication Date : 00.07.26
TItle : Management information automatization system and its autocontrol method and program for passenger traffic stations on highway
Intl. Class. Nr. : G06F 17/60; G06F 15/16
ApplicAnt(s) Name : Hunan Science and Engineering Univ.
Inventor(s) Name : Yin Honbin; Liao Xiaohong; Liao Lei
Legal Status : Publication
Abstract : An automatic information management system for passenger traffic stations of highway uses client/ server mode and is composed of printers, PC terminals including service PCs, managing PCs, accounting PCs, ticket PCs and station PCs, network exchange, server, modem and bar code readers. Is automatic control method is based on the dynamic model of data stream, ticket stream and information stream. The system operation and control is under Bus Manager V5.0. Its advantages are complete and strong functions, friendly interface, convenient operation, networking, and high management level.
Application Number : 00104246
Publication Number : 1268699
Application Date : 00.04.17
Publication Date : 00.10.04
TItle : On-network inquiry anti-false technology
Intl. Class. Nr. : G06F 15/16; G06F 17/60
ApplicAnt(s) Name : Qiang Cengbei
Inventor(s) Name : Qiang Cengbei
Legal Status : Publication
Abstract : Anti-counterfeiting technique on net is composed of Internet, anti-counterfeiting code inquiry database, inquired net play computer and inquiry net play equipment, the code information is transmitted to inquired net play computer supported by anti- counterfeit inquiry database through Internet to check whether the commodity is real or fake.
Application Number : 00107540
Publication Number : 1269557
Application Date : 00.05.18
Publication Date : 00.10.11
TItle : Information inquiry method
Intl. Class. Nr. : G06F 17/30
ApplicAnt(s) Name : Wang Guangwu
Inventor(s) Name : Wang Guangwu
Legal Status : Publication
Abstract : The information inquiry method includes the following steps: 1. customer can utilize telephone or handset to input the speech into input equipment or characters and image information can be connectedto inquiry centre by means of input equipment; 2. computer inquiry centre makes information retrieval according to requirements of customer in data base and takes out the information required for customer; and 3. the searched information including characters and image can be transferred into communication receiving equipment of the customer.
Application Number : 00112071
Publication Number : 1261182
Application Date : 00.02.01
Publication Date : 00.07.26
TItle : Intelligent management method for datylogram recognition cabinet of receipt in bank
Intl. Class. Nr. : G06F 17/60; G06K 9/00
ApplicAnt(s) Name : Chen Jinmin
Inventor(s) Name : Chen Jinmin
Legal Status : Publication
Abstract : An intelligent management method for dactylogram recognition counter of receipt in bank features that the dactylogram module is connected to computer via its communication interface, the user should register its account number or cipher and dactylogram, the receipt is put in receipt box according the inputted account number or cipher by user, user inputs its dactylogram information for taking receipt out, said dactylogram is recognized by computer, if both of them is matched, the receipt box is opened, and a photoelectric detector in the receipt box is used to determine if there is another receipt.
Application Number : 00105423
Publication Number : 1264088
Application Date : 00.03.28
Publication Date : 00.08.23
TItle : Medical service information system for hospital
Intl. Class. Nr. : G06F 17/00
ApplicAnt(s) Name : He Xingjian
Inventor(s) Name : He Xingjian
Legal Status : Publication
Abstract : A medical service information system for hospital, able to provide all medical services to users over public communication network, is composed of incoming device, adapter card, computer, printer and software. Said services include calling emergency treatment, making an appointment, medical knowledge and fee consulting, etc. The user's request can be answered in speech mode.
Application Number : 98118080
Publication Number : 1245319
Application Date : 98.08.18
Publication Date : 00.02.23
TItle : Time-sharing network system for vacation-spending management
Intl. Class. Nr. : G06F 17/60
ApplicAnt(s) Name : Yan Jun
Inventor(s) Name : Yan Jun; Liao Guangming
Legal Status : Publication
Abstract : A time-sharing network system for vacation- spending management, including the reservation and exchange of hotels, is composed of central exchange database, agency network, auxiliary office network and customers. It can increase the utilization rate of hotels and fully develop the hotel resources through network technology.
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