Dr. Jacqueline Lui, Managing Director of Eagle IP Limited, gave a talk on “Patent Protection & Strategy: What a Startup Company Should Know” at the Pi Centre of The Chinese University of Hong Kong.

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China Divisional Practice

2019年6月17日
China allows the filing of divisional applications but under specific circumstances. Most importantly, divisional applications can usually only be filed voluntarily during the prosecution of the original parent application. Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed. However, divisionals can be filed to pursue subject matter not […]

China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision

2022年9月21日
China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage.  Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]

No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

2018年11月23日
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 […]

Foreign companies transferring IP out of China: things to know

2018年10月25日
Inventions 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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