In practice, companies regularly search the competitors's related published patent applications to determine whether they pose a threat to their own market activities. If necessary, companies can consider using the third...more
Dual-application in China specifically refers to the applications filed both for utility model and invention patent based on the same invention-creation on the same day.
In China, both the invention and utility model are...more
According to the Chinese Patent Law, the prior art means any technology known to the public before the filing date of a patent application in China or abroad.
However, there is a type of special patent application filed...more
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the...more
Hi everyone. This is Peter Zhang.
Today, I‘d like to discuss how to fulfill a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees...more
In recent years, companies involved in intellectual property rights infringement disputes abound in China. Some have been accused of infringement and have been punished with high compensation and issued with enforceable...more
Patent invalidation has become a powerful weapon to undermine the competitor’s strength in intellectual property. China has also evolved into a major battlefield of patent war, and remains as one of the most active...more
Patent invalidation has become a powerful weapon to undermine the competitor’s strength in intellectual property. China has also evolved into a major battlefield of patent war, and remains as one of the most active...more
According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines...more
If you believe that someone is infringing on your patent right in China, you may be angry and unable to refrain from sending him a warning letter(C&D letter) demanding him to stop the infringement.
Sending a warning...more
The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an...more
Summary: When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is...more
In recent years, there appear not only many foreign applicants who have been constantly investing in China’s patent assets, but also some big Chinese software companies applying for a large number of invention patents on...more
To invalidate patent is a common attack method in the "patent war", especially when patentee uses the patent to litigate or demand high licensing fee....more
To invalidate patent is a common attack method in the "patent war", especially when patentee uses the patent to litigate or demand high licensing fee. I divide the patent invalidation proceedings into three stages:...more
2/8/2022
/ China ,
Claim Construction ,
CNIPA ,
Intellectual Property Protection ,
Oral Hearings ,
Patent Examination Time ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prior Art