China
Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
2020年10月28日Learning from a 2019 China’s Top 50 Representative IP Case The number of patent applications in China is now the highest in the world, with more than half the applications filed as utility model applications (UMs). For example, there were more than 2 million UMs filed in 2018 alone (for the difference between a utility […]
阅读更多 >
Breaking News: China passes Fourth Amendment to the Chinese Patent Law
2020年10月19日After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of […]
阅读更多 >
China Forges Ahead with Draft Measures for New Patent Linkage System
2020年10月19日Update! The finalized Implementation Measures are now out. You can read the details here: Breaking: China Released New Implementation Measures for the New Patent Linkage System Last month September 11, 2020, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued a draft set of measures for public opinion […]
阅读更多 >
How Far Can an Employer Reach to Own Employee-made “Service Inventions”?
2020年7月30日2019 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 […]
阅读更多 >
China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope - Shimano KK v. SENSAH
2020年7月20日Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]
阅读更多 >
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 […]
阅读更多 >
Breaking News: Newest Draft Amendment to the Chinese Patent Law Available for Public Comment
2020年7月10日Finally, after more than a year since the last draft amendment came out in 2019, a new draft has been submitted to the National People’s Congress Standing Committee for deliberation on June 28, 2020. The newest version is now published for public comments until August 16, 2020. As a whole, these proposed changes address a […]
阅读更多 >
Stealing Trade Secrets: How the Chinese Court Criminally Sentences Employees that Steal Trade Secrets - 2019 China’s Top 50 Representative IP Cases
2020年6月11日The theft of trade secrets has always been a deep concern of foreign companies thinking of doing business in China, whether it be sharing protocols with a manufacturing partner, providing technology details to a potential investor, or sharing results from an R&D collaboration. How can businesses ensure that employees do not steal secrets and share […]
阅读更多 >
2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN
2020年6月8日Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]
阅读更多 >
The Latest on Post-Filing Data in China’s Patent Law
2020年4月29日Post-filing data can sometimes be the crucial difference between a patent allowance and a final rejection. The reasons are endless why important data may not have been included in the original patent application as filed. Time and budget may have been insufficient to generate data over the full scope of the claims at the time […]
阅读更多 >