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 Proposes New Examination Guidelines for Utility Models
24 November 2022The Utility Model (UM) in China has always been a popular choice for patent filing due to its relatively low cost and speed of prosecution. The UM prosecution only includes a preliminary examination, which is essentially a mini (stripped down) version of an invention application’s substantive examination.1 With the simplified examination process, UMs are typically […]
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Everything you need to know about Patent Term Adjustment (PTA) in China
7 May 2024We previously discussed patent term compensation for patent office delay (‘Patent Term Adjustment’ or ‘PTA’) when such new system was introduced in the Fourth Amendment of the Chinese Patent Law (2020), as well as in the different versions of the Draft Examination Guidelines released in 2021 and 2022. In this article, we consolidate everything you need to […]
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Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim
15 April 2024Three major 'remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the "Implementation Regulations"). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows […]
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Hong Kong Launches New Original Grant Patent System
17 December 2019Hong Kong will be launching a new patent system on December 19, 2019 that includes key changes, most notably the introduction of an original grant patent system. This new patent system includes both the Patents (Amendment) Ordinance 2016 and the Patents (General) (Amendment) Rules 2019. Currently, there are two types of patent applications available in […]
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