CN  /  EN

imgboxbg

NEWS

颇具特色的美国专利期限调整(PTA)

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2017-02-24 15:12
  • Views:

(Summary description)说起各国发明专利的保护期限,除少数国家外,大部分国家的期限最长为申请日起20年。专利的保护期对于专利权人,尤其是对利润日以百万计的医药类企业来说,每延长或缩短一天,都有着至关重要的意义。下面为大家介绍一下颇具特色的美国专利期限调整(PatentTermAdjustment,以下简称PTA),PTA的合理利用将为权利人争取更大程度的权益。  何为PTA?  1999年,美国专利商标局(USPTO)为

颇具特色的美国专利期限调整(PTA)

(Summary description)说起各国发明专利的保护期限,除少数国家外,大部分国家的期限最长为申请日起20年。专利的保护期对于专利权人,尤其是对利润日以百万计的医药类企业来说,每延长或缩短一天,都有着至关重要的意义。下面为大家介绍一下颇具特色的美国专利期限调整(PatentTermAdjustment,以下简称PTA),PTA的合理利用将为权利人争取更大程度的权益。  何为PTA?  1999年,美国专利商标局(USPTO)为

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2017-02-24 15:12
  • Views:
Information

  说起各国发明专利的保护期限,除少数国家外,大部分国家的期限最长为申请日起20年。专利的保护期对于专利权人,尤其是对利润日以百万计的医药类企业来说,每延长或缩短一天,都有着至关重要的意义。下面为大家介绍一下颇具特色的美国专利期限调整(Patent Term Adjustment, 以下简称PTA),PTA的合理利用将为权利人争取更大程度的权益。

  何为PTA?

  1999年,美国专利商标局(USPTO)为避免不当延迟而缩短专利有效期限,美国国会在美国发明人保护法(AIPA)中对专利期限调整做了相应规定。如有必要对专利期限调整的案件,USPTO在颁发专利证书时,同时会发出专利期限调整的决定。从PTA机制实行至今,历经多次判例,USPTO对此规定已多次更新并趋于合理。

  PTA如何计算?

  PTA的计算包括两部分,第一部分是37 CFR(美国专利法实施细则)1.703 规定的由USPTO审查延迟导致的专利期限调整 (Period of adjustment of patent term due to examination delay);第二部分是37 CFR 1.704 规定的由申请人延迟导致的专利期限减少(Reduction of period of adjustment of patent term)。简而言之,专利期限调整的天数等于第一部分的天数减去第二部分的天数。其具体规定如下:

  1、因USPTO审查延迟导致的专利期限调整(37 CFR 1.703),主要包括以下情形:

  (1)审查员应在申请日起14个月内向申请人发出审查结果,包括缩限通知书(Restriction Requirement)、非最终审查意见通知书(Non-Final Rejection),授权通知书(Notice of Allowance)等,其超出14个月的天数为审查员造成的延迟,此点仅适用于2013年1月14日之后授权的案件;以及审查员应该在申请人针对审查意见通知书(包括非最终审查意见通知书Non-Final Rejection、最终审查意见通知书Final Rejection等)递交了答辨意见、或提出上诉(复审)请求、或专利审判和上诉委员会(Patent Trial and Appeal Board )或某联邦法庭(Federal Court)对上诉做出最终决定,甚或申请人缴纳授权费等之日起4个月内发出下一个审查结论,如在此期限内未向申请人发出下一次审查结论的超出4个月的天数为USPTO审查造成的延迟。这也是通常所说的A类延迟(A delay);

  (2)从申请日起直至专利授权公告日(issue date),超出3年的天数,为USPTO审查造成的延迟。也就是通常所说的B类延迟(B delay)。此类延迟中,如果3年内发生以下几种情形时的天数,不应包括在内:

  a) 申请人提交继续审查请求(Request for Continued Examination,简称RCE)之日至授权通知书发文日的天数;

  b) 因抵触程序(interference proceeding)或溯源诉讼程序(derivation proceeding)造成的延迟;

  c) 因某项发明保密和专利扣发(Secrecy of certain inventions and withholding of patent)造成的延迟;

  d) 因上诉(appeal)至专利审判和上诉委员会造成的延迟,此点仅适用于2012年9月17日之后授权的案件。

  请注意:因抵触程序或溯源诉讼程序、保密和扣发、或2012年9月17日之后授权的案件中因上诉至专利审判和上诉委员会造成的延迟,不包括此程序过程中各种情况重叠的时间(to the extent that the periods are not overlapping)。

  (3)此调整从专利到期日开始计算,计算时不包含上述期间的重叠部分,证书的邮寄或传送时间不考虑在内。

  (4)凡适用期末放弃(terminal disclaimer)原则的案件均不适用此专利期限调整。

  2、因申请人延迟导致的专利期限减少(37 CFR 1.704 )

  (1)由于申请人的原因,包括未能及时跟进官方的处理或审查的进程度,导致官方延迟做出审查结论的这部分天数应从根据前述规定37 CFR 1.703中涉及的专利调整期间内扣除。

  (2)申请人未在三个月内答复专利局发出任何审查意见通知(包括rejection、objection、argument),超出官方期限的天数应从前述规定37 CFR 1.703中涉及的调整期间内扣除。

  (3)因申请人原因,未积极推进申请而造成的申请进度(包括处理或审查)的延迟,包括:提出中止请求、延迟授权请求、放弃申请或延迟缴纳授权费、放弃通知两个月内未提出恢复请求、未及时提交临时申请转非临时申请请求、审查员发出审查意见或授权通知书之日前一个月内提交初步修改或其他修改文件,导致审查员需要发出补充审查意见或补充授权通知书的、因疏忽导致答复审查意见文本有遗漏、答复文本提交后又未经审查员要求主动提交补充答复文件或其他文件、在收到专利审判和上诉委员会或联邦法院相关决定之后,审查员发出审查意见或授权通知书之日前一个月内提交修改或其他文件,导致审查员需要发出补充审查意见或补充授权通知书的、授权通知发出后再提交修改(提交RCE请求除外)、未及时提交上诉简述(appeal brief)、授权通知书发出后提交RCE请求、申请日后八个月内申请仍未处于待审查状态(in condition for examination)等等,根据其具体情况,应从根据前述规定37 CFR 1.703中涉及的调整期间内扣除。

  (4)提交IDS或因提交IDS而提交RCE请求将不视为上述所说的未积极推进申请而造成的申请进度(包括处理或审查)的延迟,然而需要注意的是,该IDS所含对比文件为首次引用,且申请人、发明人、代理人等与申请有实质联系的其他人收到相关案通知的时间不得早于提交IDS前的三十天,即,如果该IDS在收到之日起超过三十天提交,相应日期会从前述规定37 CFR 1.703中涉及的调整期间内扣除。

  (5)对期限调整减少的恢复请求(request for reinstatement of reduces PTA)将不视为上述所说的未积极推进申请而造成的申请进度(包括处理或审查)的延迟。

  (6)在专利局发出任何审查意见通知书或授权通知书之前(以先到之日为准),更正说明书、附图、序列表等均影响PTA的计算。

  以上是对PTA相关法条规定的大致介绍。由于PTA规定复杂,且美国是判例法,该规定仍在不断完善和修正过程之中。因此在具体实务时,还是要参照当时USPTO更新的相关法律法规,避免使当事人造成不必要的损失。

  http://www.lungtinsz.com/index.php?c=msg&id=425&

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
Previous page
1
2
136
底部
这是描述信息

2001, 20th Floor, Block B, Ascendas Building, No. 88 Jiangmiao Road, Jiangbei New District, Nanjing City, Jiangsu Province

Copyright ◎Nanjing Huaxun Intellectual Property Consultant Co., Ltd.

苏ICP备xxxxxx号-1     Powered by: www.300.cn

这是描述信息
这是描述信息
这是描述信息
这是描述信息
这是描述信息