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We give talks and write regularly about patent law, especially cases and changes in the law that we find interesting.
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Finally a unified “Court of Appeal” for technology IP in China
22 January 2019On October 26, 2018, China’s Supreme People’s Court (“SPC”) received approval to establish a specialized intellectual property court within the SPC to handle appeal cases involving technology-related IP for both civil (e.g., patent infringement) and administrative (e.g., patent invalidity) judgments. Technology-related IP includes invention patents, utility models, new plant species, IC design, trade secret, software, […]
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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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No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements
23 November 2018Since 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 […]
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Can Post Filing Data Overcome Inventive Step in China?
19 November 2018Since 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 […]
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Is it Sufficient to Claim an Antibody only by Describing its Antigen?
12 November 2018Things may be brewing with respect to antibody inventions. Just how much description is sufficient? After losing in the Federal Circuit, Amgen has decided to ask the US Supreme Court to weigh in on a standard that could vastly influence the pharmaceutical and biotech industry. The story relates to Repatha™, an LDL-lowering drug from Amgen […]
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New Policies to Promote Importation of Innovative Drugs
8 November 2018At the April 12, 2018 executive meeting of the State Council in China, Premier Mr. Li Keqiang indicated the government’s desire to increase China’s access to innovative drugs. To achieve this, the government would encourage importation of innovative drugs into China by streamlining the regulatory pathway, enhancing IP protection, and lowering the cost of medicine. […]
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Foreign companies transferring IP out of China: things to know
25 October 2018Inventions made in China Most foreign companies with R&D sites in China are aware of the fact that inventors having inventions made in China have to obtain permission before they can file patent applications outside of China for these Chinese inventions. It doesn’t matter if the owner of the business is a foreign entity. Patent […]
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