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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Compositions Limited by Use: A Cautionary Tale
26 October 2022Section 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 […]
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China Announcing More Proposed Amendments to the Examination Guidelines in 2022
17 November 2022It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published[1], this time consolidating the […]
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Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
28 October 2020Learning from a 2019 China’s Top 50 Representative IP Case The number of patent applications in China is now the highest in the world, with more than half the applications filed as utility model applications (UMs). For example, there were more than 2 million UMs filed in 2018 alone (for the difference between a utility […]
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How Smart is a "Skilled Person in the Art"?
11 April 2022Let’s start with a riddle: can you name a person who has read every book, every journal, conducted every known experiment, and is knowledgeable about every single patent prosecution / litigation in the world? The answer? A “skilled person in the art.” This person is also known as a “person having ordinary skill in the […]
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