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’s Newest Examination Guidelines: Inventive Step for Biological / Life Science Inventions (Part III)

30 April 2021
This is Part III of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China "shall permit pharmaceutical patent applicants to rely on supplemental […]

Twice the Trouble: Unraveling a Single Case of Dual Patent and Trademark Infringement

9 January 2024
Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named […]

Diagnostic Claims in China

9 January 2020
The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So […]

Is it Sufficient to Claim an Antibody only by Describing its Antigen?

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Things 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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