Dr. Jacqueline Lui, President of Eagle IP Group, gave a talk at the Guangdong Intellectual Property Trade Expo 2018.
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China Divisional Practice
17 June 2019China allows the filing of divisional applications but under specific circumstances. Most importantly, divisional applications can usually only be filed voluntarily during the prosecution of the original parent application. Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed. However, divisionals can be filed to pursue subject matter not […]
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Foreign companies transferring IP out of China: things to know
25 October 2018Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent […]
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The Secret Prior Art Trap: A Case Study on Conflicting Applications in China
13 November 2025In patent prosecution, the concept of a "conflicting application" or “secret prior art” plays a critical role in determining the patentability of an invention. This article explores the framework for assessing conflicting applications under Chinese patent law, with a comparative perspective on the approaches adopted in the United States. Case Background: The Image Encoding Dispute […]
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Updates on Hong Kong Patents Examination Guidelines in 2024
29 February 2024The Intellectual Property Department of the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (HKIPD) has recently made several updates to the Hong Kong Patents Examination Guidelines, effective from 26 January, 2024. These changes mainly clarify and reflect the Registry’s current practices regarding patent examination for Standard Patent (R) […]
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