SIPO Seeks Comment On Patent Infringement Guidelines

On March 4, the State Intellectual Property Office (SIPO) issuedthree documents for public comment concerning patent infringement: the Guidelines for the Determination of Patent Infringements (Draft for Comment), the Guidelines for the Rules of Evidence on Patent-related Administrative Law Enforcement (Draft for Comment) and the Guidelines for Administrative Mediation of Other Patent Disputes (Draft for Comment). The period for feedback ends April 5.

 

According to the Guidelines for the Determination of Patent Infringements (Draft for Comment), "behaviors without patent infringement" are interpreted in three sections with respective connotations. For example, the section "with permission of the patentee" sets out that permission includes express permission and implied permission, and implied permission involves such circumstances as "implied patent license generated based on technical standards".