Dr. Jacqueline Lui, President of Eagle IP Group, gave a talk titled “Are Patents Enforceable in China?” at The 9th IP Seminar.
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New Remedy in China for Fixing "Errors" in a Patent Application: Incorporation by Reference
21 March 2024Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released the new […]
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CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
6 December 2021In 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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How Far Can an Employer Reach to Own Employee-made “Service Inventions”?
30 July 20202019 China’s Top 50 Representative IP Cases Shenzhen Weibang Technology Co. Ltd v. Li Jianyi & Shenzhen Yuancheng Intelligence Equipment Co. Ltd (2019最高法民申6342号) Each year in China there are hundreds of disputes over patent ownership. A significant part of them are related to “Service Inventions”, which are defined in Article 6 of the Chinese Patent […]
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Markush claims in China - what can be arbitrarily deleted during invalidation?
4 December 2018Since 2010, the China 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 […]
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