Dr. Jacqueline Lui, Managing Director of Eagle IP Limited, gave a talk on “Patent Protection & Strategy: What a Startup Company Should Know” at the Pi Centre of The Chinese University of Hong Kong.
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China Top 10 Patent Re-Examination and Invalidation Cases of 2020 CNIPA Upholds Bayer’s Rivaroxaban Patent
9 June 2021The 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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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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CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
12 April 2023At the end of October 2022, the China National Intellectual Property Administration (CNIPA) released a new draft amendment of the Patent Examination Guidelines1 (hereinafter referred to as the “New Draft”) to the new Chinese Patent Law that came into effect in 2021. We highlight two key amendments below. 1. The starting date for calculating PTA […]
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Do Invention and UM Patents Filed on the Same Day Rise and Fall Together?
19 August 2021Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape Seminal Cases by the SPC Recently, the Intellectual Property Division of the Supreme People's Court (SPC) issued a list of seminal (精品) cases. Although China is not a case law country, such seminal cases issued by the SPC have high guiding impact for […]
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