Dr. Jacqueline C. Lui, Managing Director of Eagle IP Limited gave a talk on “Patent invalidation in China: Important lessons for patent counsels when developing a drafting strategy for a global patent portfolio” during the 2nd Annual IP in China Symposium held in October 2011 near Washington D.C. Dr. Lui analyzed several recent important invalidation cases to further demonstrated the requirements in the Chinese Patent Law System, and how to benefit from these recent case studies in patent drafting and portfolio management strategy to create an advantage in the Chinese markets.
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CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
6 December 2021In China, patents applicants take advantage of a commonly-used divisional filing strategy to achieve a fine-tuned balance between protection scope and protection period (if used properly). Patent applicants (especially foreign applicants) widely welcome this well-established strategy, and up until now, have used it with much success. In fact, we recommend this strategy and have even […]
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IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 2: Grace Period without Loss of Novelty
7 February 2024Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released […]
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FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
4 January 2023Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until […]
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Stealing Trade Secrets: How the Chinese Court Criminally Sentences Employees that Steal Trade Secrets - 2019 China’s Top 50 Representative IP Cases
11 June 2020The theft of trade secrets has always been a deep concern of foreign companies thinking of doing business in China, whether it be sharing protocols with a manufacturing partner, providing technology details to a potential investor, or sharing results from an R&D collaboration. How can businesses ensure that employees do not steal secrets and share […]
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