Court Cases
2020 China Top 10 IP Cases: Winners’ Sun is truly a Winner: A Simple Selfie-Stick Utility Model Patent Crushes Infringers in China
2021年8月2日Each year The Intellectual Property Tribunal of the Supreme People’s Court releases a list of top 10 technical intellectual property rights court case decisions. The 2020 list came out a few months ago, and we have been highlighting some of these cases. Today, we will cover a utility model patent infringement case. As one of […]
閱讀更多 >
China Top 10 Patent Re-Examination and Invalidation Cases of 2020 CNIPA Upholds Bayer’s Rivaroxaban Patent
2021年6月9日The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider […]
閱讀更多 >
China Top 10 Cases of 2020 – CNIPA Upholds Second Medical Use Patent from University of Bordeaux
2021年5月24日The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >
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 […]
閱讀更多 >