China
Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
2023年11月27日Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. 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 […]
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Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
2023年11月10日On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the "Implementation Regulations of the Patent Law of the People's Republic of China (Revised Draft)" was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see […]
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CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
2023年4月12日At the end of October 2022, the China National Intellectual Property Administration (CNIPA) released a new draft amendment of the Patent Examination Guidelines1 (hereinafter referred to as the “New Draft”) to the new Chinese Patent Law that came into effect in 2021. We highlight two key amendments below. 1. The starting date for calculating PTA […]
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Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
2023年3月22日Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety1 and human genetic resources management2 (collectively referred as […]
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First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
2023年3月8日What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who […]
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FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
2023年1月4日Since the publication of our earlier article about China signing onto the Hague Agreement, some of our Hong Kong clients have expressed interest in taking advantage of the Hague international design application system, i.e., filing a Hague international design application with the CNIPA (Chinese National Intellectual Property Administration) as a receiving office (RO). Up until […]
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BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
2023年1月4日New year, new resolutions! The CNIPA has recently announced a pilot program that provides Hong Kong applicants the opportunity to expedite their patent applications filed in China. Starting 1 Jan 2023, Hong Kong permanent residents and entities legally registered in Hong Kong can request prioritized examination for their invention patent applications before the CNIPA. To […]
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Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
2022年12月13日There is no doubt that the drafting quality of a patent can be crucial in determining the success (or failure!) of the patent during litigation. However, due to various reasons, patents often fail to use the right drafting strategies that best protect the invention. Too often, inexperienced or unsophisticated patent drafters merely listen to an […]
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Amendments to the China Patent Examination Guidelines in 2022 - Part 1: New rules for designs in view of China signing onto the Hague Agreement
2022年12月2日This year, China stepped further onto the international scene by signing on as a member of the Hague Agreement. The Hague Agreement is an international registration system allowing applicants to file a single international design application in a single language to obtain protection in over 100 designated member countries. The US has been a member […]
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China Proposes New Examination Guidelines for Utility Models
2022年11月24日The Utility Model (UM) in China has always been a popular choice for patent filing due to its relatively low cost and speed of prosecution. The UM prosecution only includes a preliminary examination, which is essentially a mini (stripped down) version of an invention application’s substantive examination.1 With the simplified examination process, UMs are typically […]
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