Vice President Jennifer Che gave a talk at HKUST about key patent concepts and strategies that are important for researchers and start-up companies, including patent valuation, patent defense, and strategies for integrating patents into a business plan.
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Obviousness: can features from different categories of products be combined to invalidate a design patent?
18 September 2025Introduction “I have a tank, I have a gun—boom! Tank gun?” Each year the CNIPA releases a list of Top Ten Patent Re-examination and Invalidation Cases. These cases are meant to be guiding cases, showcasing exemplary real-world decisions that clarify certain aspects of the law. Over the next several months we will be highlighting many […]
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Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
1 April 2025“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]
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China’s Newest Examination Guidelines: Inventive Step for Biological / Life Science Inventions (Part III)
30 April 2021This 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 […]
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China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
30 June 2022China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]
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