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

2025年4月1日
“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? […]

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 […]

SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit

2022年7月4日
On 28 Feb 2022, China’s Supreme People’s Court (SPC) issued its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in 2021. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well […]

How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

2022年10月19日
Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]
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