China E-ventions
Selected Software-Related Invention Patents
Vol. 2 , No. 9 - August 5, 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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Shanghai Briefs Consulates on IPR Protection
Shanghai's Intellectual Property Rights (IPR) protection officials recently held a question-and-answer session attended by 20 representatives from the city's consulates. Director-general of the municipal IPR administration, Qian Yongming, introduced the latest developments in Shanghai's work on patents, trademarks and copyright, alongside high-level officials from related municipal organizations, including Shanghai Customs, Shanghai Administration for Industry and Commerce and Shanghai High People's Court.
Qian said the government has carried out a series of initiatives, including re-establishing the IPR Coordination Conference that combined the forces of 18 municipal bureaus and units. At the same time, the city has taken strict measures against intellectual property infringements and piracy. Last year, the IPR administration accepted 42 patent-dispute cases, and 56 cases - which include backlogs -- were concluded. In addition, the IPR administration handled four cases on counterfeit patents, of which three were concluded.
Deputy director-general of Shanghai's Industry and Commerce Administration, Gu Renda, said "We have focused on promoting the protection of the exclusive right of trademarks by rectifying and regularizing market order and strengthening the management of trademark application."
Administration statistics for 2001 showed the number of trademark applications reached 11,217, an increase of 19% compared to 9,455 in 2000. Last year, Shanghai's copyright trade increased tremendously as did the quality, copyright bureau officials said.
The Shanghai Administration of Culture, Radio, Film and Television in cooperation with the Shanghai Police Bureau jointly issued a Schedule on Improving and Regularizing the Audio-video Market of Shanghai. Last year, the two bureaus destroyed 4.4 million illegal audio-video products and handled 46 cases. Shanghai Customs has also enforced measures to protect IPR. Last year, Customs uncovered 49 infringement cases with a value of RMB 5.7 million (US $690,000).
Most of the consulate representatives showed their satisfaction with the municipality's work last year and said they found the briefing helpful. Sujan Chinoy, Consul General of the Consulate General of India said, "as a developing country, we are trying to learn the practices of China in dealing with such issues. The briefing held by the municipality is a good chance for me to learn more about laws and regulation on IPR protection."
(Source: China Daily)
Honda Tries to Reclaim Motor Scooter Patent
Japanese motor manufacturer Honda has begun legal proceedings against the Patent Re-examination Board of the State Intellectual Property Office (SIPO) of China to reclaim a motor scooter patent.
Honda has begun legal proceeding against the SIPO because the committee rejected its claims that certain Chinese motor companies had copied several of its designs.
As part of the proceeding, two motorcycles were brought before the Beijing court as evidence. Honda made one motorcycle and the other was a "Stream", a popular scooter manufactured in China by the Shanghai Feiling Motorcycle Manufacturing Co. Ltd. Honda claims the Chinese companies copied its design in producing the "Stream" scooter.
In 1994, Honda obtained its patent for the design in question, only to have three Chinese companies later challenged it. The Chinese companies claimed Honda's scooter was similar in design to theirs, for which they received patent rights five months earlier.
(Source: CRI)
Sino-African Intellectual Property Forum Successfully Concluded
The first Sino-African Intellectual Property Forum, jointly organized by the World Intellectual Property Organization (WIPO) and the State Intellectual Property Office (SIPO) of the People's Republic of China, recently concluded in Beijing.
Senior officials from the WIPO, African Intellectual Property Organization (AIPO), African Regional Industrial Property Organization (ARIPO), 16 African countries and nearly 100 Chinese participants attended the two-day forum. China's Vice-Premier Wen Jiabao delivered the opening speech. The Vice-Premier pointed out that the WIPO had adopted various measures to help developing countries make use of the intellectual property system in the promotion of national economic and technological development. These measures include such technical assistance as legislative guidance and staff training. In particular, the launching of the Intellectual Property and Small and Medium-Sized Enterprises (SMEs) is aimed to help developing countries gain benefits from establishing and utilizing the intellectual property system. The Vice-Premier said the Chinese government supports and thinks highly of the WIPO efforts.
The four themes of the forum were Intellectual Property and the Promotion of Economic Development, Intellectual Property and Information Technology, Challenges of the Intellectual Property System in the 21st Century, and Emerging Intellectual Property Issues. A major event during the forum was the signing of the Framework Cooperation Agreement between the WIPO and the SIPO, which covers a wide area of cooperation between the WIPO and China in many intellectual property fields including patent, copyright and trademarks.
(Source: SIPO.gov.cn)
China Develops Enhanced Versatile Disc (EVD) System
A new system of Enhanced Versatile Disc (EVD), developed by davform and with China's own intellectual property rights, has passed state appraisal, ending the monopolization by foreign countries of such technology as seen in the core technology for VCD to DVD manufacture.
Sponsored by the State Trade and Economic Commission and the Ministry of Information Industry, the system was developed by davform and put into trial by the SVA (Group), which hopes to begin production and bring EVD onto the market within the year.
The system could be applied have many functions and be applied to household electric appliances, computers and communications, with its technological section containing 22 patents and 5 sets of software.
The EVD standard has become a trade standard and has been submitted to the International Electrotechnical Commission and International Organization for Standardization as an international standard proposal.
The EVD system shows apparent technological advantages over DVD system, according to experts from the appraisal committee, and fills in blanks of storing and displaying of hi-definition programs. EVD technology actually uses a DVD disc that has multi-layers and is capable of storing 10 times more information compared to a conventional DVD disc - a conventional DVD disks can store 4-6 GB of data while an EVD can store over 50 GB of data per disc. Its EAC (Exact Audio Copy) is able to produce an audio frequency of higher quality than dolby AC-3 under the same rate as it duplicates an audio signal into a digital format removing all noise level from its modulated signal.
(Source: People's Daily)
A Selection of Software-related Invention Patents Published in China
Application Number: 00105216
Publication Number: 1316710
Application Date: 00.04.04
Publication Date: 01.10.10
Title: Double fund settlement method and associated computer management system
Intl. Class. Nr.: G06F 17/60
Applicant(s) Name: Zhang Xiangyang
Inventor(s) Name: Zhang Xiangyang; Gao Jie; Wang Zhizhen
Legal Status: Publication
Abstract: The found settlement method and its associated computer management system features a computerized surplus found account system, which allows the user to freeze part of their funds for a certain period via the user terminal and the frozen fund can be unfrozen, or the frozen period extended, or transfer the funds to a particular account by the user as required, so ensuring high payment reliability.
Application Number: 00113263
Publication Number: 1316700
Application Date: 00.02.02
Publication Date: 01.10.10
Title: Network lavatory and its operating application
Intl. Class. Nr.: G06F 15/16; G06F 17/00
Applicant(s) Name: Zeng Delin
Inventor(s) Name: Zeng Delin; Xie Xiaolian
Legal Status: Publication
Abstract: A network lavatory system which features the lavatories in the same city or town being networked and remotely monitored and managed. The system uses a credit card, vendor, communication and payment system that can be implemented in each of the lavatories in the network.
Application Number: 00126537
Publication Number: 1310431
Application Date: 00.09.13
Publication Date: 01.08.29
Title: Non-stop toll system
Intl. Class. Nr.: G07B 15/00
Applicant(s) Name: Ye Yufei
Inventor(s) Name: Ye Yufei
Legal Status: Publication
Abstract: An automobile toll system where cars do not have to stop to pay the toll or install any device to the car. The communication agreement has a global unified standard for car non-stopping toll. It is operated by transmitting the car's license plate number to the toll station via the mobile telephone of cars owner, the video camera on the road taking the picture of the car and its number plate, the toll station confirming having received the number and the number is the same as the picture of the car. The passing payment of the car will be deducted from the prepayment of the mobile telephone.
Application Number: 00129620
Publication Number: 1285562
Application Date: 00.09.30
Publication Date: 01.02.28
Title: Universal payment system and method for an electronic business telecommunication network
Intl. Class. Nr.: G06F 17/60; G06F 15/173
Applicant(s) Name: Wu Feng
Inventor(s) Name: Wu Feng; Gu Dongmei
Legal Status: Substantial Examination
Abstract: The present invention relates to an electronic business telecommunication network networking universal payment system and method. The system is formed by a business network station system and telecommunication company, and is characterized by the customer being able to select a product or service in an electronic business network station, then using a telecommunications company to pay the service factor, and after the identity of said customer has been acknowledged by telecommunication company, the sum of money can be transferred to the supplier related to the product or service from customer account with in telecommunication company. By means of an ordering, identity acknowledgement, payment and commodity process the said invention will ensure safety of personal information, at the same time fully utilizes existing network systems and simplifying the customer payment and credit transfer process.
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China E-ventions is intended to be used for news purposes only. It should not be taken as comprehensive legal advice, and Lehman, Lee & Xu will not be held responsible for any such reliance on its contents.
