Dr. Jacqueline Lui, Managing Director of Eagle IP Limited, gave a talk on patent strategies at the Vitafoods Asia during the Asia World Expo in Hong Kong in September 2014.

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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, […]

AI is magical but NOT magic! Be specific in your AI patents!

2025年1月9日
What is the standard of sufficient disclosure for AI-related patents: A case study in China The rapid growth of AI patent applications present significant challenges to existing patent application and examination practices. One of them is satisfying the requirement for sufficient disclosure. The following case was featured in the 2023 CNIPA Compilation of Key Decisions […]

Compositions Limited by Use: A Cautionary Tale

2022年10月26日
Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims […]

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, […]
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