Rolf Claessen's IP Newsflash
(c) Jennifer Fey

Rolf Claessen's IP Newsflash

You are receiving this newsletter because you either previously subscribed to my newsletter IP Newsflash, signed up for my book "Marken. Recht. Einfach." or because you subscribed to the newsletter for other reasons.

One important thing that happened is that I have relaunched my personal homepage at https://rolfclaessen.com – feel free to let me know what you like and what can be improved!

Also, during the 2024 INTA Annual Meeting in Atlanta, my co-host Ken Suzan and I celebrated the 10th anniversary of our podcast IP Fridays with our interview guests and listeners!


Upcoming Events

MHP Webinar – 8th August 2024 at 10 am - The unitary patent system - an initial assessment with Prof. Dr. Aloys Hüttermann (in German)

3. IP-Allstars on 30th August 2024 – several bands composed of patent attorneys of the firm and attorneys from other IP firms will play music on our roof terrace


What happened last month?

Questions on claim interpretation referred to the Enlarged Board of Appeal

The Unified Patent Court enters into a cooperation agreement with the European Patent Office regarding IT related matters, comprising a Case Management System for the Court

Inauguration ceremony of the Milan (IT) section of the central division of the Unified Patent Court

Ensuring Patent Quality for Sustainable Innovation: A Conference Report (Industry Patent Quality Charter)

EPO meets with Samsung SDI

EPO announces European Inventor Award winners

No acceptance of new applications from Russian nationals or natural persons residing in Russia or from legal persons, organizations or entities established in Russia


New articles, podcasts and videos from or with me

Podcast IP Fridays – Episode 154 - the STOPfakes Program of the International Trade Administration (ITA) – Interview With Michelle Sara King – Helping Businesses and Consumers to Deal With Fakes

Top 7 Mistakes Non-EU Lawyers Make When Filing EU Trademarks (and One Bonus Tipp)

Relaunch of My Personal Branding Website


Insights from the Study on PCT Filing Behaviors of Chinese Patent Applicants

In a recent article written together with Aloys Hüttermann and Deepak Syal, new data reveals intriguing trends in the use of the Patent Cooperation Treaty (PCT) by Chinese patent applicants compared to their European counterparts.

Key Findings:

1.?? National Phase Entry: Chinese applicants are less likely to enter the national phase of their PCT applications, with only about 50-60% proceeding, compared to European applicants, where over 94% of PCT applications with European priority proceed to national phases.

2.?? Reasons for PCT Usage: Chinese filers often use PCT applications to get a quicker assessment of patentability due to long wait times for national patent application research outcomes in China. Notably, the research time in China has historically exceeded the 12-month priority period, which has not been the case in Europe.

3.?? Shift in Application Strategy: Recent trends show a notable increase in Chinese applicants initially filing with the European Patent Office (EPO) instead of the Chinese patent office (CNIPA). This strategy leverages the EPO’s quicker search reports, beneficial for making strategic decisions about patent applications earlier.

4.?? Nationalization Rates: The study also highlights a significant disparity in nationalization rates between different jurisdictions. The U.S., China, and Europe are the most common nationalization destinations for Chinese PCT filings, with growing interest in Germany as a key market.

5.?? Future Implications: As CNIPA improves its search times — now closer to within the priority year — there might be a shift back to filing first in China due to lower costs and improved efficiency, which could reshape global patent filing strategies.

This research underscores the dynamic nature of global patent strategies and the significant role of administrative efficiencies in shaping international patent filings.

For a deeper dive into this study, feel free to read the original publication:

R. Claessen, A. Hüttermann, D. Syal "PCT-Nutzungsverhalten von chinesischen Patentanmeldern" in "Festschrift für Thomas Kühnen", Hrsg. Harmsen / Verhauwen, Carl Heymanns Verlag, 2024, S. 195


Behind the Scenes

The last 3 weeks I have made a roadtrip trough the southwest of the USA with my oldest son (16) – the picture was taken in the Antelope Canyon


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