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.

Our Past Events

Recommended Insights

Compositions Limited by Use: A Cautionary Tale

26 October 2022
Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims […]

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

12 November 2018
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 […]

How to Protect a Crystal Form (Polymorph) Patent in China

4 June 2025
Crystalline forms are critical to pharmaceutical patents, offering extended protection for improved stability, bioavailability, or manufacturability. However, securing such patents in China has grown increasingly difficult due to the China National Intellectual Property Administration (CNIPA)’s strict patentability criteria. Unlike the U.S. or Europe, where structural novelty or problem-solving utility may suffice, China demands quantifiable evidence of […]

CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law

22 October 2021
Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its […]
Top crossarrow-right