Chinese Law | China: Vol.2, No.02

Happy Chinese New Year

China E-ventions

Selected Software-Related Invention Patents

Vol. 2 , No. 2 - February 4, 2002

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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General Patent

PCT Patent

Trademark

Regulations of the People's Republic of China on Recordal of Licensing Contracts for Patent Enforcement

(Promulgated on December 17, 2001)

Article 1. In accordance with the "Contract Law of the People's Republic of China", "Patent Law of the People's Republic of China" and "Implementing Regulations for the Patent Law of the People's Republic of China" and other pertinent regulations, these rules are enacted to reinforce the protection of patent rights and regulate business acts.

Article 2. The State Intellectual Property Office of the People's Republic of China is responsible for the nationwide recordal of licensing contracts for patent enforcement (including licensing contracts for patent application enforcement, hereinafter referred to as "patent contracts").

Authorized by the State Intellectual Property Office, the competent departments for patent work under the People's governments of provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as "local recordal branches") are responsible for the patent contract recordal of their own administrative areas respectively.

Article 3. The assignor refers to the patentee, patent applicant or other right owner, while the assignee is the other party who will sign the patent contract.

Article 4. The assignor shall be the legitimate patentee, patent applicant or other right owner.

The assignor shall all be patentees or applicants, provided there are two or more than two co-patentees for one patent or patent application.

Article 5. The parties concerned shall submit the recordal within three months starting from the effective date of the patent contract.

Article 6. The assignee, whose patent enforcement licensing contract has been recorded, may request to the People's court for an injunction against related acts before filing an action, if he can provide any reasonable evidence demonstrating that his right is being infringed upon or that such infringement is imminent, and that any delay to stop the acts is likely to cause irreparable harm to his legitimate rights.

The assignee of sole licensing patent contract can independently request an injunction with the People's Court, under the circumstances that the patentee does not intend to request the injunction. The assignee of the exclusive licensing patent contract can also request such injunction directly.

The assignee of whom the patent enforcement licensing contract is recorded and his right is being infringed upon or that such infringement is imminent, he may also request the intervention in accordance with Article 57 of the Patent Law.

Article 7. When the parties concerned file recordals for foreign currency and customs, the certificate of the recordal for the patent contract shall be requested.

Article 8. The nature of the license, the coverage and time limit, and the amount of the royalty concerning the patent contract that has been recorded can be accepted as a reference by a People's Court or competent department for patent work under the People's governments of provinces, autonomous regions and municipalities directly under the central government used for mediation and damage judgments.

Article 9. The patent contract reached by the parties concerned should be in written form.

Article 10. The patent contract shall be made according to the uniform contract wordings stipulated by the State Intellectual Property Office; the relevant regulations should be followed if other contract wordings are adopted.

Article 11. If any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an recordal of the patent contract, it shall appoint a patent agency licensed by the State Intellectual Property Office.

For any Chinese entity or individual who intends to file a recordal of the patent contract, he or it may appoint a patent agency.

Article 12. The parties concerned shall fill in, sign and seal the recordal application form based on the provisions of the patent contract.

Article 13. Two copies of each of the following documents are required for the proper recordal of the patent contract:

Application form of recordal;
Copy of patent contract;
Patent certificate or copy of the patent official filing receipt;
Identity certificate of the assignor;
Other necessary documents.

Article 14. All the required documents shall be made in Chinese, printed on a single page of A4 size. For those documents in any other language, the parties concerned shall submit the Chinese translation within a period of time required. It is deemed as not submitted if the translation has not been filed in time.

Article 15: Applications under following circumstances shall not be recorded:

patent right has been terminated, announced invalid; or patent application has been rejected or deemed as rejected; or
without the approval of other co-patentee or co-applicant, one single party unilaterally signs patent contract with others; or
the patent contract has been recorded; or
the term of the patent contract is longer than the term of patent; or
other circumstances that conflict with any laws or regulations.

Article 16. After receiving an application for recordal, the local recordal branch shall duly forward the recordal to the State Intellectual Property Office to affirm the patent right and the legal status of the patent application.

Article 17. If the recordal application has met all the requirements, the local recordal branch shall, within 7 days, grant the recordal certificate; if the application has not met all the requirements, the local recordal branch shall notify the parties concerned on the non-recording reason.

Article 18. The local recordal branch shall, within three days starting from the date that all the recordal procedure is finished, forward the recordal certificate and documents submitted by the parties with the State Intellectual Property Office.

Article 19. The State Intellectual Property Office shall establish and maintain a patent contract recordal database and make it available to the public.

Article 20. The State Intellectual Property Office is responsible for the registration of the recordal of the patent contract in the patent register and announcement of the registration in the official gazette with the following information: file number of contract, assignor, assignee, main IPC symbol, patent number, patent filing date, granting date, nature of the contract, date of recordal, term of the contract, change of the contract, etc.

Article 21. If the parties concerned terminate the contract prior to expiration, they shall file the recordal of this repudiation within 10 days. The following documents are required for a proper termination: agreement document, recordal certificate and other relevant documents.

If the parties fail to register the termination in advance, the original recordal will remain effective until the expiration of the term of the original patent contract.

Article 22. If a patent contract will be extended, the parties shall, within 2 months prior to the expiration of the original term, register the change with the original local recordal branch.

This requirement applies to all other change of patent contracts.

Article 23. If there is an assignment of patent right based on the patent contract that is being enforced, the assignment has no effect on the original patent contract, unless otherwise provided for by the contract between the interested parties.

Article 24. If a patent application is granted, the parties concerned shall timely register the change of name from the patent application enforcement licensing contract and the articles thereof to the patent enforcement license.

If a patent application is rejected or deemed as withdrawn, the parties concerned shall timely go through the procedure of cancellation.

Article 25. If the patent right is invalidated during the period that the patent contract is enforced, the parties concerned shall timely go through the procedure of cancellation.

Article 26. If the interest parties forward the false recordal documents or forge the patent contract recordal by other illegal means, the local recordal branch shall cancel the recordal pursuant to law.

Article 27. The local recordal branch shall provide professional training to the staff taking charge of the recordal, and regulate the trade business pursuant to law.

Article 28. If the local recordal branch does not function well, the State Intellectual Property Office shall suspend or cancel its recordal qualification.

Article 29. "Dates" as stipulated in this Regulation all refer to working days.

Article 30. These Regulations shall be interpreted by the State Intellectual Property Office.

These Regulations shall take effect from January 2002.

A Selection of Software-related Invention Patents Published in China

Application Number: 00119383
Publication Number: 1278080
Application Date: 00.07.14
Publication Date: 00.12.27
Title: Method and device for real-time control for PC computer intelligent joining internet application
Intl. Class. Nr.: G06F 1/16; G06F 9/445
Applicant Name: Liu Bin
Inventor(s) Name: Liu Bin; Huang Jihui; Xiao Guanlin
Legal Status: Publication
Abstract: Intelligently joining internet of personal computer (PC) can be realized for users. In the present patent intelligent card, large-scale electronic integrated circuit and high reliability memory and used for the purpose. The advantages are: simple technology, low cost of manufacture, being practical, stably and reliably. It is the essential product for government special net and electronic commercial network.

Application Number: 00121923
Publication Number: 1276570
Application Date: 00.07.21
Publication Date: 00.12.13
Title: Device and method for transmitting multimedia information and high-definition narrow-band wide image over Internet
Intl. Class. Nr.: G06F 15/173; G06F 17/30
Applicant Name: Guolianhuiguang Network Information Technology Co. , Ltd., Beijing
Inventor(s) Name: Pang Jianjun; Chen Minghua
Legal Status: Publication
Abstract: A device and method for transmitting multimedia information and high-definition narrow-band wide- width image over Internet is disclosed. The continuous information cells collecting module converts the data received by interface to image file, sound file and index file and stores them in memory. A differential operation unit and information cell difference replay unit are arranged before transmission port. Its advantages are transmitting the difference between adjacent image fields other than the first field for less data to be transmitted and shorter transmission time.

Application Number: 00122953
Publication Number: 1282036
Application Date: 00.08.29
Publication Date: 01.01.31
Title: Method for processing information on international interconnection network
Intl. Class. Nr.: G06F 15/173
ApplicantName: Li Yanzhi
Inventor(s) Name: Li Yanzhi
Legal Status: Publication
Abstract: The present invention discloses a method for processing information on international interconnected network, and is characterized by that it utilizes INTERNET server to notify information required toprocess to user, and makes user passively process information on network, at this time the INTERNET server not only passesses the function of general server, but also is used as main control machine for notifying user, and the telephone number of said main control machine is fixed, it and user end respectively possess a control software for some service, so that it changes the existent user active mode for inquiring and processing information on network. Said invention is applicable to those users having need of regular and irregular information service on INTERNET network.

Application Number: 00123548
Publication Number: 1281193
Application Date: 00.08.21
Publication Date: 01.01.24

Title: Antiforge method for commodities or bills
Intl. Class. Nr.: G06F 17/60; G06F 17/30
Applicant Name: Liu Yingchun
Inventor(s) Name: Liu Yingchun
Legal Status: Publication
Abstract: An antiforge method for commodities or bills features that a unique basic code for each commodity or bill is attached to the commodity or bill while stored in the database at antiforge center. The each link in the circulating route of the commodity or bill must add relative tracking information to the information record. By inquery to said database over Internet or by telephone information station and comparing the inqired information with actual information, whether the commodity or bill is true or false can be determined. Its advantages are simple and feasible method and quick judging.

Application Number: 00125961
Publication Number: 1299110
Application Date: 00.09.09
Publication Date: 01.06.13
Title: Method for recognizing identity cards including IC card
Intl. Class. Nr.: G06K 7/00; G06K 9/00; G06F 17/30; G06F 15/173
Priority Data: CN99125302.7 991203; CN00101261.4 000124
Inventor(s) Name: Lu Zhengjun
Legal Status: Publication
Abstract: A method for identification of the resident IC card is to set up a resident IC card information library. When the truth of the resident IC card is identified the IC card reading and writing apparatuswill read out the information in the IC card reading compare the information with that in the information library through the Internet. After checking a group of random anti-fake code is established in the apparatus and stored in the IC card for next checking.

Application Number: 00127702
Publication Number: 1300015
Application Date: 00.12.05
Publication Date: 01.06.20
Title: Interlocked selling mode and method of business web site and personal web site in internet
Intl. Class. Nr.: G06F 15/173; G06F 17/60
Applicant Name: Xinchuan Network Information Service Co., Ltd., Yiwu
Inventor(s) Name: Yang Xinchuan
Legal Status: Publication
Document Page(s): 001
Amount of claim(s): 002
Abstract: The present invention relates to a commercial network station and personal network station chained sell mode and method. The personal network station must put forward an application for distributor of commercial network, and the commercial network station can provide the information on on-line selling goods for distributor to copy said information. The personal network station can obtain 5%-85% of net profit produced by selling goods via self network station.

Application Number: 00130756
Publication Number: 1287319
Application Date: 00.10.18
Publication Date: 01.03.14
Title: Code anti-fake system and its multiple confirmation method
Intl. Class. Nr.: G06F 17/00
Applicant Name: Hainan Guokezhaoxin Anti-fake Science &. Technology Co., Ltd.
Inventor(s) Name: Liu Weizhong; Chen Yuan; Cheng Ping
Legal Status: Publication
Abstract: The code anti-fake system consists of computer, which encodes every product by means of specific encoding algorithm and stores the anti-fake code in its data base, telephone network and Internet. Thecipher bit confirming and altering process includes generating anti-fake code, inquiry in a terminal, data checking and altering in anti-fake data center, result feedback, etc.

Application Number: 00135233
Publication Number: 1295299
Application Date: 00.12.12
Publication Date: 01.05.16
Title: Commodity exchanging internet device and method
Intl. Class. Nr.: G06F 17/60; G06F 15/163
Applicant Name: Main Xinhua Bookstore
Inventor(s) Name: Biao Xiaochun; Deng Yun; Ma Baoliang
Legal Status: Publication
Abstract: The commodity exchanging device for Internet includes a commodity out information receiver, a commodity in information receiver, a matcher to generate at least one successful exchanging scheme according to the commodity out information and the commodity in information and a subsidiary deal device to assist reaching the successful exchange. The successful exchanging scheme includes M clients, the commodity out information of the first client matches the commodity in information of the second client. And so on until the commodity out information of the M-th client matches the commodity in information of the first client.

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Resource Center

Vol.2, No.02

Selected Software-Related Invention Patents

Regulations of the People's Republic of China on Recordal of Licensing Contracts for Patent Enforcement

A Selection of Software-related Invention Patents Published in China

Lehman Lee & Xu