INTRODUCTION Contributed by: Andreas von Falck, Hogan Lovells International LLP
“further limitation” of the original claim should be based on whether: • the modified claim fully encompasses all the technical features of the original claim; • the modified claim introduces new technical features; and • these additional features are supported by other claims in the original patent. The SPC further clarified that claim modifications in the administrative procedure for patent invali- dation should generally be limited to responding to the grounds for invalidation. Modifying claims in a way that reconstructs them under the pre- text of overcoming the deficiencies cited in the grounds for invalidation will not be accepted. The Guidelines to Strengthen Regulations on Antitrust Behaviours Pertaining to SEP come into effect on 4 November 2024 On 4 November 2024, the State Administra- tion for Market Supervision and Administration promulgated and enacted the “Guidelines for Strengthening the Regulation of Antitrust Behav- iours Related to Standard Essential Patents”, which clarify issues such as the disclosure of information, licensing commitments, good-faith negotiations, as well as monopoly agreements, abuse of market dominance, and mergers involv- ing SEPs. The Guidelines specifically list the following abuses of market dominance related to SEPs: licensing SEPs at unfairly high prices, refusing to license SEPs, tying the sale of SEPs, attaching other unreasonable trading conditions to SEPs, engaging in discriminatory treatment with respect to SEPs, and abusing remedial measures related to SEPs. The Guidelines pro- vide clear guidance on whether the behaviour of a SEP owner constitutes a monopoly.
The Measures for Administrative Adjudication and Mediation of Patent Disputes will be implemented on 1 February 2025 On 26 December 2024, the China National Intellectual Property Administration (CNIPA) promulgated the “Measures for Administrative Adjudication and Mediation of Patent Disputes,” which will take effect on 1 February 2025. The Measures introduce new provisions on adminis- trative adjudication of major patent infringement disputes, the early resolution mechanism for pharmaceutical patent disputes, and administra- tive mediation for open licence patent disputes. Additionally, they clarify the requirements for oral hearings, include provisions for adding addition- al parties, and introduce provisions related to technical investigations and technical apprais- als. Notably, the Measures also incorporate a system of declarations of non-infringement, which are moulded on the type of procedure cur- rently already available from the courts, allowing the warned party to request an advisory opinion regarding the alleged infringement from the pat- ent management authority. Hong Kong In its 2024 policy address, the Hong Kong government highlighted the importance of IP- intensive industries for economic growth and its intention to continue to support and expand IP protection measures for products in the IT and creative industries. Measures include put- ting forward a proposal next year to enhance the Copyright Ordinance regarding the protec- tion of AI technology development, launching a consultation in 2025 on the registered designs regime currently under review, and proposing legislative amendments to streamline IP litiga- tion processes for the High Court to manage and hear these cases more effectively.
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