China introduces Electronic Patent Certificates
China’s National Intellectual Property Administration (CNIPA) has issued an Announcement on Matters Concerning the Electronic Patent Certificates, Electronic Notices of Application and Electronic Seals. It states that patents granted on or after 3 March 2020 will be issued with an electronic patent certificate. A paper certificate will be issued only at the user’s request, which request must be made online at the time of electronic filing of the patent application
If a notification or decision is issued by the CNIPA without a seal, the applicant may make an electronic request for issue of the notification or decision with an electronic seal.
Verizon并没有采购华为任何设备，因此算不上华为客户，但却通过合作公司间接使用了华为的从网络核心设备、有线基础设施、物联网等众多领域的专利，于是华为以此为理由曾向实际使用者Verizon请求支付专利许可使用费，并曾和Verizon进行专利许可谈判。2019年6月，华为要求Verizon支付 10 亿美元专利许可使用费，这些专利涉及到了Verizon的20多家供应商公司的网络设备、物联网等诸多领域，但双方至今无法就许可条款达成一致。在谈判不能解决问题的情况下，寻求第三方司法机关的裁决是业界惯例。
Huawei Sues Verizon in the US for Patent Infringement
On 6 February, Huawei issued a statement on its official website, stating that it had filed a patent infringement action against major US communications operator Verizon in the Eastern and Western District Courts of Texas, claiming infringement of 12 of its US patents. According to media reports, the 12 patents relate to inventions in various fields, including computer networking, download security and video communication.
Verizon does not purchase any Huawei equipment directly, but Huawei alleges that equipment purchased from other companies makes use of Huawei technology. Huawei sought to negotiate a licence with Verizon, seeking royalties of US$ 1 billion in respect of products from more than 20 supplier companies. It claimed that the products in question infringed various patents relating to network equipment and the Internet of Things i.e. systems of interrelated computing devices with the ability to transfer data without human intervention. The two parties were not able to reach agreement and Huawei decided to sue Verizon for patent infringement.
CNIPA Provides Support in Relation to Intellectual Property Pledge Financing
On 13 February, the National Intellectual Property Administration (CNIPA) convened a meeting to consider what measures it could take to support enterprises suffering financial hardship as a result of the COVID-19 virus. Various measures were approved, including the provision of guidance and support in relation to the use of intellectual property pledge financing.
The support to be given to enterprises in relation to intellectual property pledge financing focuses on the following three areas.
First, the CNIPA has established a green channel to accelerate pledge registration. The aim is to finalise registrations within one day, with registrations for enterprises producing emergency supplies for epidemic prevention and control being completed instantaneously.
Second, local administrations have been organised to investigate pledge demands and available projects. Particular assistance will be given in relation to pledges based on products or projects for epidemic prevention and control
Third, the CNIPA is encouraging local administrations, where conditions permit, to integrate various support policies such as loan discounts, risk compensation, insurance and subsidies, and ensure that proper account is taken of the role of IPRs in increasing credit and loans to enterprises.
Recent Opinions on Enhancing the Quality of Patents and Promoting the Transfer and Utilization of Patents in Colleges and Universities
Recently, the Ministry of Education, the National Intellectual Property Administration (CNIPA), and the Ministry of Science and Technology issued Several Opinions on Enhancing the Quality of Patents and Promoting the Transfer and Utilization of Patents in Colleges and Universities. With a view to improving patent quality and promoting technology transfer, the Opinions require colleges and universities to cease subsidising patent applications, and significantly reduce and gradually cancel rewards for patent grants. Instead, they may reward inventors or invention teams by increasing their share of transfer incomes and other ‘post- subsidy’ methods.
The Opinions state that where a college or university decides not to file a patent application, it shall sign a contract with the inventor, assigning the right of patent application or patent right according to statutory procedures, and allowing the inventor to file the patent application independently. The agreement will make provision for income sharing. On grant, the patent shall be owned by the inventor, the patent fees shall be borne by the inventor, and, after deduction of patent application fees and other operational costs, income from the patent shall be paid to the colleges and universities according to the agreed proportion