Dr. Jacqueline Lui, Managing Director of Eagle IP Limited, gave a talk on “IP Quality and Enforceability” during the International IP Commercialization Conference at Hong Kong Productivity Council.
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The Secret Prior Art Trap: A Case Study on Conflicting Applications in China
13 November 2025In patent prosecution, the concept of a "conflicting application" or “secret prior art” plays a critical role in determining the patentability of an invention. This article explores the framework for assessing conflicting applications under Chinese patent law, with a comparative perspective on the approaches adopted in the United States. Case Background: The Image Encoding Dispute […]
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China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision
21 September 2022China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]
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Is it Sufficient to Claim an Antibody only by Describing its Antigen?
12 November 2018Things may be brewing with respect to antibody inventions. Just how much description is sufficient? After losing in the Federal Circuit, Amgen has decided to ask the US Supreme Court to weigh in on a standard that could vastly influence the pharmaceutical and biotech industry. The story relates to Repatha™, an LDL-lowering drug from Amgen […]
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AI, Big Data, and Blockchain - CNIPA seeks public comment on draft patent examination guidelines
21 November 2019Exciting new changes continue to happen with the Chinese Patent Office (CNIPA). On November 12, 2019, the CNIPA published a new set of amendments to Part II Chapter 9 of the Patent Examination Guidelines (“Draft”) and requested public comment by December 11, 2019. In summary, the new guidelines clarify how emerging technologies involving artificial intelligence, […]
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