Dr. Jacqueline Lui, Managing Director of Eagle IP Ltd., gave a speech titled “Being a Defendant in China” at the Intellectual Property Law in China 2013 conference in Central London, UK.
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Can Post Filing Data Overcome Inventive Step in China?
19 November 2018Since 2010, the Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses […]
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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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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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How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law
19 October 2022Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]
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