Last Friday (10/3), our Vice President Jennifer Che met with Grace S N Lau of the Institute for Translational Research of HKSTP and the HKSTP community to discuss the fundamentals of IP and how “common” early-stage business/R&D activities can hurt your IP.
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CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law
22 October 2021Chinese 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 […]
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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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When Standards Evolve: How China Judges Inventiveness in Next-Gen Tech Patents
30 September 2025Starting in 2023, Datang Mobile, one of the key players in China’s telecom standardization efforts, initiated infringement proceedings against Samsung in China, Germany, and the US. Samsung responded by filing multiple invalidation petitions in several jurisdictions, including China, the United States, and Europe. The case discussed below is one of above-mentioned invalidation cases in China, […]
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China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision
21 September 2022China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]
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