Jennifer Che, Vice President and Principal, and Yolanda Wang, Chinese Patent Attorney and Principal, spoke at a KPMG organized seminar on IP Strategies for Life Science Companies in Shanghai, China.

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Diagnostic Claims in China

9 January 2020
The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So […]

China Divisional Practice

17 June 2019
China 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 Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed.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 […]

No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

23 November 2018
Since 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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2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN

8 June 2020
Every 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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