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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Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
13 December 2022There is no doubt that the drafting quality of a patent can be crucial in determining the success (or failure!) of the patent during litigation. However, due to various reasons, patents often fail to use the right drafting strategies that best protect the invention. Too often, inexperienced or unsophisticated patent drafters merely listen to an […]
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Do Promotional Marketing Materials Constitute an “Offer for Sale” under Chinese Patent Law? Bayer IP GmbH v. Nanjing Hang Seng Pharmaceutical
12 December 2023Bayer's blockbuster drug Rivaroxaban has seen its share of patent litigations in China, several of which are big enough to be listed as Top 10 IP cases or 50 Representative IP cases. We summarized an invalidation case back in 2020 where all of Bayer’s claims directed towards the compound were upheld. Recently, another Rivaroxaban case […]
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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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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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