Dr. Jacqueline Lui, President of Eagle IP Group, gave a talk titled “Patent War : A Case Study on the Viagra China Patent” at the HKBMIA Happy Hour event.
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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 Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed.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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Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
22 March 2023Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety1 and human genetic resources management2 (collectively referred as […]
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Patent Eligibility for Software in China
4 April 2022Technology has progressed significantly since the early days of patent law, when US lawmakers in 1952 could only envision patentable subject matter into categories like “process, machine, manufacture, or composition of matter.” The recent explosion of new types of innovations that don’t fall neatly into these categories has resulted in a game of catch-up, where […]
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2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN
8 June 2020Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]
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