China E-ventions
Selected Software-Related Invention Patents
Vol. 1 , No. 7 - November 28, 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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IP Awareness Grows As Patent Applications Exceed 1.3 Million
In recent years, patent applications have rapidly increased in China, due largely to a public awareness of intellectual property. Patent applications in China have now exceeded 1.3 million.
From the first half of this year, patent applications have grown by 20 percent since the corresponding period last year. This rate is high above the growth rate of the national economy.
The unprecedented growth in patent applications indicates a strengthening in people's awareness on the importance of intellectual property. This awareness could be spurred on by the realization of China's entry into the World Trade Organization in mid November.
(Source: Xinhuanet)
Beijing Releases New Patent Regulations To Better Protect Foreign Investment
Beijing has strengthened legal protection of intellectual property rights in China in attempt to better protect the interests of foreign professionals here. The Beijing High People's Court released a set of patent regulations recently, which details the laws on infringements upon patent rights. These new rules are based on the amendments of the Patent Law of the People's Republic of China. They also take the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) into consideration. There are a total of 129 new rules that extend patent protection to almost all fields, including that of Olympics-related patents. It is expected that more conflicts will arise on patent rights in the next few years in Beijing, especially due to Beijing's successful bid to host the 2008 Olympic Games and China's upcoming entry into the WTO. Although an abundance of opportunity will be available for foreign investors over upcoming years, Beijing still needs to ameliorate the deficiencies in foreign investment environment. These new rules will help ensure "fair play" for both domestic and foreign companies and thus bring Beijing closer to WTO requirements. Beijing is going to be a role model and "set a good example" for other cities around the China in the protection of intellectual property rights.
(Source: China Daily)
China Talks with Merck and Glaxo on AIDS Drugs
China's Ministry of Health has held talks with many pharmaceuticals companies, including Merck and GlaxoSmithKline about cutting costs of their AIDS treatment drugs. However, the Ministry of Health has not ruled out breaking the patent laws, according to Shen Jie, director of the national center for AIDS prevention and control.
Speaking after a news conference at the opening of China's first AIDS conference, Shen commented the companies are willing to consider decreasing the prices; however, they also felt the government should make efforts to decrease the taxes on these treatments.
A cocktail of drugs for treating AIDS currently costs RMB 70-80,000 per year, which is equivalent to about US $10,000. Shen said, "If we can get down to 350 dollars," similar to prices charged by Indian manufacturers, then China would not have to consider breaking the patent.
She also added that the Chinese government is attempting to coordinate ministries to do something about the tax rates on the drugs. Currently there are no Chinese companies that are developing western-style AIDS drugs, due to the fact that most patents are held by foreign companies.
When questioned whether China might break the patent laws as some countries have said they will do, Shen replied: "That may be the next step but we are not considering it now. This decision has been made by other countries and it can be a reference for us." She also added that China does not wish to break the drug patents, and their first choice will be to decrease the price. "If we can get price down to a price acceptable to us we won't have to take the next step."
Shen could not comment on when China might reach agreement with pharmaceutical companies. "That's up to them not us," she said. The three-day conference in Beijing plays host to academics and experts from across China to discuss ways to combat AIDS and HIV infection.
It is estimated by the government that more than 600,000 people in China were infected with HIV by the end of 2000. However, some independent doctors say in Henan province alone, there are 1 million people who have been infected with HIV.
(Source: AFX)
A Selection of Software-related Invention Patents Published in China
Application Number: 99115679
Publication Number: 1256465
Application Date: 99.12.06
Publication Date: 00.06.14
Title: Control of power output from one generator set to power network and corresponding settlement method in power market.
Intl. Class. Nr.: G06F 17/60; G06F 19/00
Applicant(s) Name: Ouyang Yongxi
Inventor(s) Name: Ouyang Yongxi
Legal Status: Publication
Abstract: The changing costs of power generators are collected by means of a technological support system, which essentially means that the power generators are ordered to set up a power network based on the data of costs, and expressing the efficiency characteristics. The networked electricity amount is then controlled and settled. The technological support system is computer network including the modules for power plant data report, exclusive selling contract management, time-sharing electric power data collection, networking control and electric charge, settlement and having also the functions of data exchange, processing and control. The power network controlling mechanism controls the networked power amount to realize the balance between supply and demand.
Application Number: 99109877
Publication Number: 1260547
Application Date: 99.07.19
Publication Date: 00.07.19
Title: Management method for new tax invoice
Intl. Class. Nr.: G06F 17/60
Applicant(s) Name: Hu Zhang
Inventor(s) Name: Hu Zhang
Legal Status: Publication
Abstract: The new tax bill management method is characterized by its possession of a portable tax bill management device. This device comprises of a micro-printer and information processing single-chip microcomputer. The bill possesses a printed special-purpose query number This number, along with tax unit information, is stored within the computer. When the bill is printed, the invoicing time is stored in the tax bill management device at the same time. So that when the taxes are paid, the tax information can be read out by tax administration system, and collected together with the stored original information. This invention carries out a bill registration management system, connects dispersed taxpayers together with a computer system and implements automation of the tax administration, making it favourable for raising tax revenues.
Application Number: 99100641
Publication Number: 1263319
Application Date: 99.02.10
Publication Date: 00.08.16
Title: Plain code and cipher code reference, telephone, computer interconnection network anti-false inquiry tag.
Intl. Class. Nr.: G06F 17/60; H04M 11/00
Applicant(s) Name: Tian Donghui
Inventor(s) Name: Tian Donghui
Legal Status: Publication
Abstract: This invention is similar to an anti-counterfeit label which can be seen on various commodities and on which the main anti-counterfeit information, such as the label code, clear code, cipher code, code-checking telephone number, and complaint telephone number can be checked and verified. The network addresses of anti-counterfeiting inquiry network stations, computer interconnection networks and IP addresses of network stations can also be checked and verified as well. The consumer can utilize the telephone or, if they have access to the internet, the computer network to make inquires of manufacturer or anti-counterfeiting departments about suspected goods so in other words, they can use this invention to directly check that whether said commodity is an authentic or a counterfeit. This invention is not only simple and convenient in operation, but also effective and reliable.
Application Number: 98124859
Publication Number: 1229219
Application Date: 98.11.23
Publication Date: 99.09.22
Title: Integrated information service platform system
Intl. Class. Nr.: G06F 17/60; H04L 12/00
Applicant(s) Name: Jinmenqiao Computer Network Co., Ltd.
Inventor(s) Name: Deng Yihui
Legal Status: Publication
Abstract: An integrated information service platform system is composed of access units connected via transmission networks to the users' and service provider's processing system for providing access in multiple styles. Multiple user terminals can receive user service requests and can then convert it to IP data management units to manage a system with the same interface, receive IP data, authenticate and authorize users. User terminals can also receive application units which includes at least one middeware to execute special functions, such as requesting correspondent middleware for service and returning the processing result back to users. The invention is based on the Internet and Intranet to eliminate the limitations of time, place and access mode. It can also recognize 6A or ANY-TO-ANY modes.
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
Legal Status: Publication
Abstract: A time-share network system for vacation-spending management. This includes the reservation and exchange of hotels, and is composed of a central exchange database, agency networks, auxiliary office networks and customers. It can increase the occupancy rate of hotels and fully develop the hotel's resources through network technology.
Application Number: 98117339
Publication Number: 1226040
Application Date: 98.08.19
Publication Date: 99.08.18
Title: Anti-fake system and method using information mark to distinguish true and false.
Intl. Class. Nr.: G06F 17/60
Applicant(s) Name: Cao Lidong
Inventor(s) Name: Cao Lidong
Legal Status: Publication
Abstract: This is an anti-counterfeiting system that uses information markings to distinguish the true product from the false one. These markings may include: data information using commercial ciphers to compile anti-counterfeiting marks; a self-check code and its own self-response code. Anti-counterfeit marks on the production device are mounted on the production line of the products and one can directly spray-paint said mark on the product, and at the same time, store the marked content into the information pool of an anti-counterfeiting center. The anti-counterfeiting center's network terminal may utilize the telephone and Internet to receive inquiry services.
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