CPA Attorneys Invited to Attend Conference on Revision of Guidelines for Patent Infringement Determination
by Beijing Higher People's Court
On 14 April 2017, Beijing Higher People's Court ("BHPC") hosted a conference in conjunction with Electronic Intellectual Property Center of Ministry of Industry and Information Technology to deliberate on the revision of BHPC's Guidelines for Patent Infringement Determination ("the Guidelines").
The conference gathered over sixty representatives from the judicial sector including BHPC itself, the Supreme People's Court of China, Beijing Intellectual Property Court, and local courts, as well as the State Intellectual Property Office of China (SIPO), Patent Reexamination Board, research institutes, and the IP industries. China Patent Agent (H.K.) Ltd. (CPA) Beijing Office deputy director Mr. Wu Yuhe and Shanghai Office deputy director Mr. Xiong Yanfeng also attended the conference. They were among the small number of industry practitioners invited to contribute their views on the revision of the Guidelines.
During the conference Mr. Jiao Yan, deputy chief of IP Tribunal of Beijing Higher People's Court and drafter of the Guidelines, briefed on the progress of the 6th proof of the revision of the Guidelines and expounded on the latest amendments to various sections therein, whereas participants at the conference conducted enthusiastic discussion on a range of relevant issues covering: determination of scope of protection for invention and utility model patents and establishment of infringement of said patents; differentiation between and application of design features, characteristics and space; definitions of direct infringement and contributory infringement; standard-essential patents; and protection for software method patents.
It is reported that the revised Guidelines for Patent Infringement Determination have been scheduled to be published in the near term.
