Dr. Jacqueline Lui, President of Eagle IP Group, Managing Director of Chau Eagle Global IP, attent the IPO Annual Meeting in San Francisco.

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The Latest on Post-Filing Data in China’s Patent Law

29 April 2020
Post-filing data can sometimes be the crucial difference between a patent allowance and a final rejection. The reasons are endless why important data may not have been included in the original patent application as filed. Time and budget may have been insufficient to generate data over the full scope of the claims at the time […]

CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law

22 October 2021
Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its […]

Markush claims in China - what can be arbitrarily deleted during invalidation?

4 December 2018
Since 2010, the China 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 […]

China Top 10 Cases of 2020 – CNIPA Upholds Second Medical Use Patent from University of Bordeaux

24 May 2021
The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider […]
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