Vice President Jennifer Che gave a talk at HKUST about key patent concepts and strategies that are important for researchers and start-up companies, including patent valuation, patent defense, and strategies for integrating patents into a business plan.

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Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?

2020年7月14日
This case is focused on polymorphs, namely what are the standards for novelty and inventiveness when it comes to new crystal forms of a known drug? A recent Supreme People’s Court decision in China is illustrative of the way Chinese courts are thinking about polymorph patents in China. Grünenthal is a German pharmaceutical company and […]

Finally a unified “Court of Appeal” for technology IP in China

2019年1月22日
On 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, […]

CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law

2021年10月22日
Chinese 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 […]

CHINA: New Patent Examination Guidelines Now Available for Public Comment

2021年8月4日
Two months after the new Chinese Patent law came into effect, the CNIPA has released a new set of Patent Examination Guidelines (proposed version) for public comments on Aug 3, 2021. Here are the explanation of the amendments (Chinese only). Here is the full set of proposed amendments (Chinese only). Briefly, the new amendment focuses […]
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