Dr. Jacqueline Lui, Managing Director of Eagle IP Limited, gave a talk at a degree course, Commercialization of Biotechnology Products, in the Department of Applied Biology and Chemical Technology at The Hong Kong Polytechnic University, as a Visiting Lecturer (Part-time).

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Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim

15 April 2024
Three major 'remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the "Implementation Regulations"). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows […]

Can Post Filing Data Overcome Inventive Step in China?

19 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 […]

Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

1 April 2025
“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]

First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing

8 March 2023
What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who […]
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