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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How a Secondhand Ground Brush Wiped Away a Chinese Patent

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A Chinese robot vacuum company digs up “hidden evidence” to successfully invalidate a patent owned by its biggest competitor.  Highlights Background  With the growth of online shopping, it is easier than ever to provide evidence of a sale when the product is still being sold on the market. But what if the product is no […]

Diagnostic Claims in China

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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 […]

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Can a rights holder sue the same infringer separately based on one single infringing act that infringes both trademark and patent rights? An interesting case this year from China’s Supreme People’s Court that addresses this specific issue ((2023)最高法知民终235号). Beijing Run De Hong Tu Technology Development Co., Ltd. (“Run De Hong Tu”) sued an individual named […]

CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals

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In China, patents applicants take advantage of a commonly-used divisional filing strategy to achieve a fine-tuned balance between protection scope and protection period (if used properly). Patent applicants (especially foreign applicants) widely welcome this well-established strategy, and up until now, have used it with much success. In fact, we recommend this strategy and have even […]
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