Patent Amendments ©(Part II of II)

The Greater China IP Updates ĄV September 2025

By Lyndon

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China Announces Measures to Improve Technical Efficiency for IP Cases

Thanks to the involvement of technical experts, the Beijing Intellectual Property Court announced that it has improved the efficiency of handling technical cases in recent years. Data released in June showed that by the end of 2024, a total of 306 experts had helped figure out technical issues in 4,360 cases, contributing to a reduction of nearly 25% in the duration of a relevant case handling. With the participation of experts, the number of technical cases concluded by the court increased to 4,524 in 2024 from 1,430 in 2016, according to the data. Song Yushui, Vice President of the court, said that these experts participated in and provided technical opinions in complicated cases involving seven major fields, such as mechanics, chemistry, pharmaceuticals, materials and communications. The Vice President further stated that the participation of experts had enabled judges to gain a more precise understanding of complex, cross-disciplinary technical issues, thereby enhancing the authority and influence of the rulings. In many cases the experts not only took part in the case hearings and evidence collection, but also helped mediate disputes and explained the rulings to litigants. To sum up, the primary role of technical experts is to explain the technical aspects of a case in a straightforward and understandable manner to judges who may lack a technical background, enabling them to quickly and clearly grasp the technical issues involved.

China Cracks Down on Malicious Non-Use of Trademark Cancellation Petitions

When the use of a registered trademark has ceased for three consecutive years without justifiable reason, a unit or individual may file for cancellation with the Trademark Office. It is commonly referred to as a Three-Year Non-Use Cancellation. On May 26, 2025, the Trademark Office amended its official guidelines for non-use cancellation in an effort to enhance the efficiency of processing non-use cancellation cases. According to the new regulations, non-use cancellation applicants must now elaborate more extensively on the circumstances regarding the non-use for three consecutive years by submitting detailed preliminary evidence such as online search results and market research reports, as well as information regarding the scope of business, operation status and legal status. The applicant must also submit copies of their identity documents bearing stamps or signature and ID numbers if they are natural persons. The applicant must also provide a complete address including the administrative divisions of province, city and county. If the applicant is represented by a trademark agency, the agency’s name must be indicated, and the signature of the trademark agency’s legal representative and the agency’s official seal shall be properly affixed. Applicants are generally given a 30-day time limit to respond to any request for amendment, and failure to respond within the time limit will result in dismissal of the case. Previously, only a brief explanation was necessary to apply for cancellation, and the burden of proof of continued use was felt to rest more heavily on the trademark owner. Also, many non-use cancellation applicants chose to file for trademark cancellation anonymously. More and more malicious non-use cancellation applications were appearing, such as the same applicant filing numerous cases over an extended period of time, filing without legitimate grounds or even knowing that the trademark is in use, and other instances of actions that go against the principle of good faith. It is believed the new regulations will improve the trademark industry and not let non-use cancellation applications be used as a blackmailing tool by those engaged in extortion or business disputes of one kind or another.

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