This past year, Thomas T. Moga, author of Patent Practice and Policy in the Pacific Rim, prepared an expert report for the United States Chamber of Commerce entitled “China’s Utility Model Patent System: Innovation Driver or Deterrent.” The completed report was unveiled at the USCOC conference on “China’s Evolving Patent Environment: What It Means for Your Business.” In the report, Moga investigates the strengths and weaknesses of China’s utility model patent (UMP) system, particularly with regard to problems brought about by the flood of more than 400,000 unexamined UMPs issued by the State Intellectual Property Organization (SIPO) of the People’s Republic of China  every year. After comparing the Chinese utility model patent system with the systems of Germany, Korea, Japan and Australia, Moga closes the report with recommendations on steps that can be taken to improve the Chinese system.

Some of Moga’s suggested changes include requiring the UMP applicant to sign an oath or declaration attesting to the genuineness of the invention; requiring the submission of an International Searching Authority (ISA) Search Report; allowing third parties to comment; establishing a separate opposition proceeding for utility model patents; and eliminating or restricting subsidization of utility model patents.  A copy of the Report, featuring Foreword and Commentary by Professor Mark Cohen (former Senior IP Attaché, US Embassy-Beijing) and Thomas Pattloch, LL.M. (former IP Officer, European Commission, Beijing) is available from the US Chamber of Commerce website.

Moga is a patent lawyer specializing in intellectual property and international business transactions at DC-based law firm Shook, Hardy & Bacon.  His experience in the arena of intellectual property includes the acquisition of patents and registrations for trademarks and copyrights, licensing, litigation, dispute resolution and mediation, portfolio management, and policy development.  Moga has lectured, advised, and provided expertise on patent law to Chinese students, attorneys, and the State Intellectual Property Office (SIPO) since 1983.

Moga became a Thomson Reuters key author in 2011 with the acquisition of his five-volume treatise Patent Practice and Policy in the Pacific Rim, from Oxford University Press.