Patent Japan

Wednesday, September 20, 2006

JPO's Cooperation with SIPO for Design Database

On September 18, 2006, Nikkei Shimbun reported that JPO will cooperate with the State Intellectual Property Office of China in building design prior art database.

China is now in the process of Patent Law revision (see my previous blog) in which it is stipulated in Section A6 that design patent holders would be required to present a search report written by SIPO when they would try to enforce their design patents against third parties. (This revised provision is also to be applicable to utility models cases.) Design patents are now and will be issued in China only after formality examination.

This cooperation will surely help SIPO make prior art search, and also be useful against frivolous litigation by ostensible design patent holders.

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