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First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing

8 March 2023
What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who […]

How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?

20 November 2020
The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese […]

AI is magical but NOT magic! Be specific in your AI patents!

9 January 2025
What is the standard of sufficient disclosure for AI-related patents: A case study in China The rapid growth of AI patent applications present significant challenges to existing patent application and examination practices. One of them is satisfying the requirement for sufficient disclosure. The following case was featured in the 2023 CNIPA Compilation of Key Decisions […]

CHINA: New Patent Examination Guidelines Now Available for Public Comment

4 August 2021
Two months after the new Chinese Patent law came into effect, the CNIPA has released a new set of Patent Examination Guidelines (proposed version) for public comments on Aug 3, 2021. Here are the explanation of the amendments (Chinese only). Here is the full set of proposed amendments (Chinese only). Briefly, the new amendment focuses […]
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