According to Articles 34 and 35 of Chinese Patent Law, an invention patent application (versus a utility model or a design patent application) will be published within 18 months from its filing date (or earliest claimed priority date) after passing …
The GCC Patent Office is No Longer Accepting New Patent Application Filings
In 1981, the Gulf Cooperation Council (GCC) was established in Abu Dhabi by six founding members: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. According to Article 4 of the GCC Charter, the basic objectives of the …
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New Patent Application Examination Guidelines for Biotechnology Inventions in Brazil
On December 1 st , 2020, the Instituto Nacional da Propriedade Industrial (INPI; also known as the Brazilian Patent and Trademark Office (BRPTO)) published Normative Instruction #118 (November 12, 2020), revoking the previous guidelines (Rule #144/2015) and establishing new guidelines …
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USPTO and IMPI Announce Parallel Patent Grant Initiative
On December 7, 2020, the United States Patent and Trademark Office (USPTO) and the Mexican Institute of Industrial Property (IMPI) announced the launch of the Parallel Patent Grant (PPG) initiative. The PPG initiative is in the form of a work …
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A Primer on Patent Term Extension in Russia
Background Since 2003, Article 1362 of the Russian Civil Code has provided patent holders the possibility of extending the term of a Russian patent for a drug, pesticide or agricultural chemical for a period of up to five years. A …
Filing a Divisional Application in Saudi Arabia – Part 12
This is the twelfth post in our 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States, and Vietnam (in no particular order). Our first eleven …
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Important Amendments made to Indonesia’s Patent Law
On November 2, 2020, the Omnibus Law on Job Creation through Law No. 11 of 2020 (Job Creation Law) was passed and became effective immediately. Chapter VI on the Ease of doing Business, Article 107 of the Job Creation Law …
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Filing a Divisional Application in Russia – Part 11
This is the eleventh post in our 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States, and Vietnam (in no particular order). Our first ten …
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The Doctrine of Equivalents: Examination of the Law in Italy
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents may be based in part on statutory law, …
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Europe: Use of “Veggie Burger” is Okay but “Vegan Cheese” is Not
Background In Europe, Regulation (EU) No. 1308/2018 (Regulation) establishes a common organization of markets for agricultural products. Article 78 of the Regulation states that the terminology and naming conventions (such as definitions, designations, and sales descriptions) for various sectors and …
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