Welcome to the LEHMAN, LEE & XU Firm’s “China Patent Law” newsletter, June 7, 2013 edition. 

In this edition of our “China Patents” news letter we again focus on those of you who may wish to file a patent in China or elsewhere and then go into business there.  If you are even considering this possibility Again I will repeat, TALK TO AN EXPERT ON PATENT LAW FIRST!!  If you do not know what you are doing, you will be your own worst enemy.  Talk to us first. We will be happy to help you out in any way we can.

Best Regards,
Lex Smith
Foreign Legal Consultant

Lehman, Lee & Xu - China Patents in the news

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In the News

S'pore signs patent protection pact with China 

IN A move to ensure a more comprehensive patent protection regime for local innovation, the Intellectual Property Office of Singapore (IPOS) has signed a Memorandum of Understanding with the State Intellectual Property Office (SIPO) of China, according to information made available by IPOS yesterday.

The MoU covers the piloting of a Patent Prosecution Highway (PPH) program between the two countries.

A PPH charts a slew of initiatives which allows for accelerated patent prosecution (in cases of infringement) by sharing information between different patent offices. It also permits each participating patent office to benefit from the work previously done by the other patent office, with the goal of reducing examination workload and improving patent quality.

The two-year pilot program, which was signed last week, comes into effect on Sept 1 and is part of IPOS' efforts to build a comprehensive suite of international agreements to provide Singapore-based businesses with faster and more cost effective ways to protect their inventions in major markets across the world.

IPOS has thus far established PPH agreements with the United States, Japan and South Korea. IPOS is also part of a similar acceleration arrangement in Asean known as the Asean Patent Examination Cooperation (ASPEC) program.

Tian Lipu, SIPO's commissioner, said: "With globalization of the world economy and the rapid growth in patent filings in the Asian market, China and Singapore appreciate the importance of expeditious and comprehensive patent protection in fostering technological innovation. The agreement builds on the cooperative relationship between the two nations for the benefit of applicants filing their patent applications in China and Singapore."

IPOS chief executive Tan Yih San noted that with the newly formed patent examination office in Singapore, which was inaugurated yesterday, and the suite of international patent agreements that IPOS is building, companies can look forward to filing a patent application with IPOS and have it accelerated to major markets in less than 50 per cent of the time taken previously.
This works out to a saving of between two and three years.

Under the accelerated process, an applicant with IPOS will be able to determine the extent to which the invention is patentable within 12 months. "This will give the applicant a better sense as to whether his invention can be successfully patented in overseas markets. Should the applicant decide to proceed with an accelerated application route, he could consider riding on the 'highways' (PPH agreements or the ASPEC program) that Singapore has established," Mr Tan said.

Under the respective PPH agreements or the ASPEC program, partner patent offices will work share so as to avoid duplication of examination work and to accelerate the examination process. With the establishment of an indigenous patent examination office, IPOS believes that the quality search and examination reports and patent analytics performed in Singapore will lead to greater acceleration for patent applications in partner countries.

A shorter wait time will give business owners greater assurance in protecting their invention in the new market, Mr Tan noted.

He added: "A strong, internationally acclaimed, and connected IP regime is crucial to the growth of innovative companies in Singapore.

"Business owners will be able to benefit from this newly established patent search and examination office, and ride on the international network of patent agreements to move overseas and expand into major markets of the world with greater assurance, faster access and lower cost. This is yet another new chapter in the exciting journey of the IP eco-system in Singapore."


Edward Lehman雷曼法学博士
Managing Director 董事长

LEHMAN, LEE & XU China Lawyers
Founder of LehmanBrown International Accountants

Lehman, Lee & Xu is a top-tier Chinese law firm specializing in corporate, commercial, intellectual property, and labor and employment matters. For further information on any issue discussed in this edition of China Patents In The News or for all other enquiries, please e-mail us at mail@lehmanlaw.com or visit our website at www.lehmanlaw.com.

© Lehman, Lee & Xu 2013.
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