Tag Archives: PCT application

Why Apple Store’s Design Patent Application is Not Necessary? II

The post will be published on our website for two days, and today is the second half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

III. The legal risk in the lawsuit filed against design infringement

Furthermore, once Apple initiate the lawsuit basing on the design, it may be trapped in the patent validity and serial lawsuits, and it’s also a common challenge of patent lawsuits in China.

1. The poor stability of design patent

Despite the design patent is granted by the administration after approval, the organ will not examine the novelty and creativity of the patent applied for it being instable at all. For example, in the design dispute between SECO and HONDA (note: the link is in Chinese), when HONDA sued against SECO for the claimed plagiarism of SECO’s S-RV to its CR-V, the defendant filed the application of patent validity, and present the evidence including the previous design patent applied by HONDA.

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Why Apple Store’s Design Patent Application is Not Necessary? I

The post will be published on our website for two days, and today is the first half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

By the report of Shanghai Daily, Apple Inc filed an application to the United State Patent and Trademark Office (USPTO) for the appearance design of its store in Lujiazui, Pudong New Area. In consideration of the fake Apple Store in Kuning, Yunan Province in south and west China, the application made this time may be the international application, and will enter into China soon to stem the flooding knock off stores. More interesting is that the journalist of the Daily interviewed our attorneys before the report, and we reserved our opinion on the application. To complete our comments on it, here’s our analysis on the issue:

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WIPO: ZTE and HUAWEI of China Rank First and Third in PCT Application of 2011

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By the news of 6th March, WIPO released the statistics on the PCT application in 2011 global wide, among which ZTE Corporation of China with 2,826 published applications overtook Panasonic Corporation of Japan (2,463) as the top PCT applicant in 2011. Huawei Technologies, Co. of China (1,831) ranks third.

Despite difficult economic conditions, international patent filings under the WIPO-administered Patent Cooperation Treaty (PCT) set a new record in 2011 with 181,900 applications – a growth of 10.7% on 2010 and the fastest growth since 2005. China, Japan and the United States of America (US) accounted for 82% of the total growth. In 2011, the patent application in China saw a growth of 33.4 on 2011, the fastest growth among all, and totaled 16, 406; a growth of 8% in U.S.A totaled 48, 596 and a growth of 21% in Japan totaled 38, 888.

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Reconciliation in Patent Dispute between Ericsson and ZTE: While No Release of the Actual Compensation

According to the report (in Chinese) of Donews, a tech website in China, Ericsson (NASDAQ:ERIC) and ZTE (SEHK: 0763, SZSE: 000063) have signed a global cross license agreement and agree to withdraw all the lawsuits against each other, while, on the other hand, no disclosure on the patent fee paid by ZTE to Ericsson.

In April of 2011, Ericsson filed a lawsuit against ZTE in Germany, UK and Italy, claiming the infringement against its patent of GSM and 3G/UMTS wireless technology. After that, there saw a heavy fall of the stock price both in A and H market of ZTE, which was the new lowest price then. And until closing on Wednesday then (19th, January), the price of it in the A stock market was encountered a decline limit and a plunge of 7% in H stock market. According to the stock agent, that mainly resulted from the possible influence of the lawsuit initiated by Ericsson on the achievement in 2011 of ZTE.

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