According to the Memorandum of Understanding on the Payment of Fees for the Patent Cooperation Treaty (PCT) signed by the China National Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO), the CNIPA collects fees for the international phase of the PCT application on behalf of the International Bureau of WIPO according to the RMB standard published by the WIPO.   1. The new RMB standards to be implemented from January 1, 2024   According to the RMB standard for the international phase fee of PCT application which will be implemented from January 1, 2024, published by the WIPO, the CNIPA will charge the international phase fee of PCT application according to the following standard.   PCT Application International Stage Fee standard (currency: RMB)   (1) International application fees collected on behalf of the International Bureau   1 International filing fee 10620 2 For each additional sheet that exceeds 30 sheets 120 3 Fee reduced for electronic filing (PDF) 1600 4 Fee reduced for electronic filing (XML) 2400     (2) Commission on behalf of the International Bureau 1600   The standard will be announced separately upon the adjustment of the exchange rate fluctuation is too large and other reasons   2. Scope of application   The new standard applies to the international filing fees for PCT applications submitted to the CNIPA with a date of receipt on and after 1 January 2024, and to processing fees for PCT international preliminary examination requests received on and after 1 January 2024.   In addition to the fees charged on behalf of the International Bureau, the fees charged by the CNIPA, search fee, remain unchanged, as detailed in the "Fees for Patents, Layout Design for Integrated Circuits" published on the website of the CNIPA. Source: CNIPA

China has officially acceded to the Hague Convention on November 7, 2023, and the legalization process time is reduced from about 20 working days to several working days, and the costs are significantly reduced.   Compared with the traditional consular legalization, the Hague legalization process is simpler and the processing time is shorter. It can be used not only in the country of destination, but also in all  member states of the Convention. It only needs to be certified by a government organization in China, and no further legalization by a consulate is required.   At present, the Convention has 125 member states, accounting for about three-fifths of the total number of countries and regions in the world, including China's major trading partners and the most of the Belt and Road countries.

The Central Organization for Standardization and Quality Control (COSQC) has circulated to Iraqi attorneys and Agents that it has started accepting PCT applications as of today; i.e., 6 November 2023. In this regard, starting today, foreign innovators can use the PCT System to seek patent protection for their inventions in Iraq.   It should be noted that the Government of Iraq deposited its instrument of accession to the Patent Cooperation Treaty (PCT) with WIPO’s Director General on January 31, 2022 making Iraq the 155th member of the PCT Union. The PCT was expected to enter into force on April 30, 2022, but has just been initiated. Source:JAH IP

The EPO have recently announced that the official fee schedule will be revised for payments made on or after 1 April 2023. The new amounts are shown in the table below with a comparison to the current amounts. There is an increase of about 5% on all fees. The new amounts apply to payments made on or after 1 April 2023, not to fees due on or after that date. It is therefore possible to pay fees early to avoid the increase, if you can accommodate that change within your processes without incurring greater costs than will be saved. Fee Previous amount New amount Increased amount Filing 130 135 5 Each page over 35 16 17 1 Each claim over 15            250 265 15 Search 1390 1460 70 Designation 630 660 30 Examination 1750 1840 90 Grant 990 1040 50 3rd annuity fee 505 530 25 4th annuity fee 630 660 30 5th annuity fee 880 925 45  

On October 20, 2023, in order to promote the protection and development of the intellectual property rights of the Aviation General Hospital, invited by the hospital, Liu Yabin, general manager and senior patent agent and Tan Huiying, manager of the International Department, visited the hospital and held a lecture on the topic of "High-value Patent Application and Technical Disclosure Writing". This lecture is a part of the "2023 Scientific Research and Academic Lecture Series" on the topic of intellectual property of the Aviation General Hospital. The lecture focuses on the sharing of practical experience of Tiandun IP for many years in the IP industry, combines with the actual situation of the institute, shares the relevant content of high-value patent applications and disclosure forms. After the lecture, Mr. Liu Yabin answered the relevant questions raised by the participants, which was praised by everyone.                                                                                     

Recently, Beijing Tiandun Intellectual Property Agency is rated as an A-Class patent agency by Changsha IP Protection Center. Changsha IP Protection Center has classified the 2022 accredited patent agencies both inside and outside Hunan province and published them, among which there are 18 A-Class patent agencies.   Beijing Tiandun Intellectual Property Agency, with solid professional skills and excellent writing quality, is rated as the A-Class agency. Being recognized by Changsha IP Protection Center fully proves our excellent quality in patent drafting, the high professional level of patent agents and the overall team strength. Tiandun Intellectual Property has been to build itself into an excellent professional intellectual property agency as its own responsibility, winning the unanimous recognition of the majority of customers.                                                                                   

The European Patent Office (EPO) has once again decided that it will increase its official fees as of 1 April 2024.While some fees are staying the same, there are increases of around 4% for the common fees, and substantial increases in some early renewal fees.   In particular, the search fee is due to increase from €1460 to €1520, the examination fee from €1840 to €1915, the designation fee from €660 to €690 and the grant fee from €1040 to €1080.The most significant changes are in the renewal fees for the 3rd to 5th year. The 3rd year fee increases from €530 to €690 (an increase of approximately 30%), the 4th year fee from €660 to €845 (an increase of approximately 28%), and the 5th year fee from €925 to €1000 (an increase of approximately 8%). The 6th year fee decreases slightly, from €1180 to €1155 (an decrease of approximately 2%). The remaining renewal fees for the 7th to 9th years have increased only slightly, while the fee for the 10th year onwards remains the same.   As in previous years, applicants should once again consider paying fees before 1 April 2024, in particular the payment of the 3rd to 5th year renewal fees, where it is possible to do so to save the money.The maintenance fees for European patent applications can be paid up to 3 months in advance of their due date, except for the first fee (for the 3rd year) which can be paid up to 6 months in advance.   Source: Venner Shipley

South Korea's patent priority examination ushered in major adjustments: (1) Until now, the applicant may use the prior art search report issued by the specialized agency for prior art search designated by the KIPO to file a request for priority examination of Korean patent and trademark applications, but the KIPO announced on December 19, 2023 that the priority examination in this way will no longer be carried out from January 1, 2024; (2) From November 1, 2023,applications for inventions and utility models related to display technology may be submitted for priority examination for a period of one year.   According to the current Enforcement Order of the Korean IP Act, the KIPO may conduct priority examination if an application falls into a specific category, which includes: (i) an invention patent application filed under the Patent Examination Highway (PPH); (ii) patent applications for inventions that claim protection in respect of inventions that are in continuous use by third parties; (iii) an application for a patent for an invention that claims protection in respect of an invention that the applicant is implementing or preparing to implement; And (iv) patent applications for inventions for prior art search conducted by a specialized agency for prior art search designated by the KIPO. (The utility models, designs and trademarks also have corresponding examination provisions.)   However, with the increase in the number of priority examination applications, the examination burden of the KIPO has become more and more heavy, and in order to improve the quality and efficiency of the examination level, the KIPO announced on December 19, 2023 that the relevant provisions of the Korean IP Law will be revised. In the new regulations, the above type of (iv) applications, i.e., applications for prior art search conducted by prior art search agencies designated by the KIPO, will no longer be subject to priority examination, so that the examination resources will be more focused on cutting-edge technology areas (e.g., semiconductors, secondary batteries, biology, etc.), so as to provide more efficient and rapid examination services.   Correlatively, the KIPO has also announced that since November 1, the patent applications relevant to the display field developed or produced in South Korea will be included in the priority examination object, and the implementation period is tentatively set for one year. This policy is based on the Enforcement Decree of the IP Law revised in November last year, and the director of the KIPO announced the scope of cutting-edge technologies that can be subject to priority examination and the deadline for requesting. In the context of increasingly intense patent disputes in the global display field, the move is aimed at supporting the related companies to obtain patents quickly, and the scope of priority examination has been extended to the display field. In particular, priority examination is given to the applications that are directly related to materials, parts, equipment, manufacturing or design techniques that can be applied to the display field, as well as applications from companies that produce or prepare to produce display-related products and equipment in Korea, or applications for national research and development projects in display technology conducted by the Korean government.   Given that the average examination time for the priority examination applications in the semiconductor sector, implemented last year, was only 1.9 months, the new policy is expected to significantly reduce the time required for patent examination related to the display-related companies and research and development institutions in South Korea.   Source: KIM&CHANG

According to the Philippines Trademark Law, the holder of trademark is required to notarize the DECLARATION OF ACTUAL USE (DAU) in the prescribed form within a specified period of time, along with evidence(s) of actual use of the trademark.   The Philippine IP Office (IPO) shall not issue any notice, and it is completely submitted by the applicant, so an agent must be entrusted to monitor the deadlines of the DAU. If the holder of the trademark fails to file the DAU in due time, the trademark shall be directly cancelled by the IPO, resulting in the trademark is completely invalid. If the holder still wants to own the trademark again,refiling is the only way to regain the exclusive right to the trademark. However, if there is an earlier similar application by then, it is likely to lose the trademark.   A trademark registration is in force for 10 years in the the Philippines but, to maintain it, the DAU of the mark, with accompanying evidence of its use, must be filed with the Intellectual Property Office of the Philippines according to the following schedule:   1. DAU must be filed within three (3) years from the filing date of the trademark application; A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees   2. DAU must be filed within one (1) year from the fifth anniversary of the registration / within one (1) year from the fifth anniversary of the renewal of registration. A single extension of six months can be requested to file for the 3rd Year DAU, provided the request was made before the three-year period expired, and upon payment of the necessary fees   3. DAU must be filed within one (1) year from the date of renewal of registration   Note: The holder of an international registration with an extension of protection to the Philippines under the Madrid Protocol must timely file the DAU referenced above directly with the Philippines IP Office, within 3 years from the filing date and between the 5th and 6th years after the registration date.

According to the Memorandum of Understanding on the Payment of Fees for the Patent Cooperation Treaty (PCT) signed by the China Intellectual Property Administration (CNIPA) and the World Intellectual Property Organization (WIPO), the CNIPA collects fees for the international phase of the PCT application on behalf of the International Bureau of WIPO according to the RMB standard published by the WIPO. 1. RMB standard to be implemented from November 1, 2023. According to the RMB standard for the international phase fee of PCT application, which will be implemented from November 1, 2023, published by the WIPO, the CNIPA will charge the international phase fee of PCT application according to the following standard. Standard for the PCT International Phase Fee ( currency: RMB) (1) Application fees for international phase collected on behalf of the International Bureau 1. No more than 30 sheets 10920 2. Each sheet in excess of 30 120 3. Reduced fee for electronic filing (PDF format) 1640 4. Reduced fee for electronic filing (XML format) 2460   (2) Processing fees collected on behalf of the International Bureau RMB1640 If the exchange rate fluctuation is too large and other reasons to adjust the standard will be announced separately. 2. Scope of application This standard applies to the international application fee and processing fee for PCT applications submitted to the CNIPA with a date of receipt after 1 November 2023 (inclusive).   In addition to the fees charged on behalf of the International Bureau, the fees charged by the CNIPA, such as international search fees, remain unchanged, as detailed in the "Patent Fees, Layout Design Fees for Integrated Circuits" published on the website of the CNIPA.   Source: CNIPA

CNIPA: Obvious lack of inventive step shall be a part of scope of preliminary examination of utility models   Recently, the China National Intellectual Property Administration (CNIPA) issued a reply to the Fifth Session of the 13th National People's Congress (NPC) Recommendation No. 8842. It is mentioned that the CNIPA shall promote the examination of inventive step for the utility models and improve the quality of granting. At present, China adopts the examination system of preliminary examination plus evaluation report for the utility models. In the preliminary examination, the examiner may examine whether the applied-for utility models obviously do not involve inventive step on the basis of information obtained from the prior arts or the conflicting applications. For further improving the quality of granting of the utility models, the CNIPA actively promotes the reform of system of the utility models. In the draft amendment of the Rules for the implementation of the Patent Law, obviously does not involve inventive step shall be a part of scope of utility models preliminary examination, amend the Patent Examination Guide accordingly, and further perfect the relevant examination standards.