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Intellectual Property Protection Patents CNIPA

Sheppard Mullin Richter & Hampton LLP

China’s Implementation of Patent Term Adjustment

On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending...more

Quarles & Brady LLP

The Moving Target of “Complete Design Units” in Chinese Law

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As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more

Sheppard Mullin Richter & Hampton LLP

Highlights of Revised Regulations for Implementing Patent Law of China

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the...more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

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As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China’s Patent Law 2023

Linda Liu & Partners on

Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023

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Recently, the new Rules for the Implementation of Patent Law (hereinafter referred to as "the Rules") has been approved and promulgated by the State Council, and will come into force on January 20, 2024. There are many...more

Linda Liu & Partners

Influence of the Determination of Technical Problem Actually Solved on the Determination of Technical Teaching | Case on...

Linda Liu & Partners on

The technical problem actually solved by an invention should be determined based on distinguishing technical feature of the claims as compared with the most-related prior art and the technical effect can be known by a person...more

Linda Liu & Partners

Application of Administrative Mediation in Disputes concerning Patent Infringement | Dispute over “Pneumatic Tire” Patent...

Linda Liu & Partners on

Case IV of Ten Typical Cases of 2019 on Administrative Protection for Patent Rights - Case Insight - In this case, the intellectual property administrative agency gave full play to mediation, based on ascertained facts,...more

Linda Liu & Partners

The use of pictures in product brochures may also constitute patent infringement| Dispute over tyre design patent infringement

Linda Liu & Partners on

Summary of the judgment - The defendant’s use of the picture of the tyre GST67 in its product brochure without the plaintiff’s permission during the validity term of the plaintiff’s patent constituted the act of offering...more

Quarles & Brady LLP

Navigating Partial Design Rejections in China

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As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese...more

Kilpatrick

5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

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Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

Linda Liu & Partners

Third Party Observation in Patent Prosecution in China

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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

Linda Liu & Partners

The Grace Period for Novelty in Chinese Patent Law

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The Chinese Patent Law, specifically Article 24, prescribes that an invention-creation for which a patent is applied does not lose its novelty where, within six months before the date of filing, one of the following events...more

Linda Liu & Partners

CNIPA’s Requirements on Supplementary Experimental Data and Inventiveness Evaluation of CN Patent Application in Biology and...

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On December 14, 2020, the China National Intellectual Property Administration released “Announcement about Amendments to the Guidelines for Patent Examination (Announcement No. 391)” on its website, showing that the amended...more

Hogan Lovells

Spotlight on Greater China: navigating a shifting patent landscape

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As part of a new Asia-Pacific (APAC) Life Sciences and Health Care webinar program designed both for companies with commercial interests in APAC and for companies based in the region, Hogan Lovells is hosting a special...more

Linda Liu & Partners

[Webinar] Best Practice to Procure a Pharmaceutical Patent in China - September 28th, 10:00 am - 11:00 am CEST

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China's stance on pharmaceutical patents catches the eye of the entire globe due to its market position. Effective on January 15, 2021, the newly revised China’s Patent Examination Guideline provides new examination rules of...more

Linda Liu & Partners

Patent Dual-application Strategy in China

Linda Liu & Partners on

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

Morgan Lewis

China’s Intellectual Property Enforcement Trends

Morgan Lewis on

Comprising tiers of specialized intellectual property (IP) courts within its court system, China bifurcated judicial and administrative proceedings for those seeking to protect and enforce against a patent infringement. The...more

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Linda Liu & Partners

Patent Right Evaluation Report in China’s Patent System

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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

Kilpatrick

The Fast and the Furious: Article 76 Proceedings in China Proceed with Speed

Kilpatrick on

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes...more

Linda Liu & Partners

Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 23rd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

[Webinar] Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications - June 22nd, 10:00...

Linda Liu & Partners on

China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more

Linda Liu & Partners

Patent Marking in China

Linda Liu & Partners on

[speaker: Mavis WANG] Hello everyone. Today I’d like to talk about the Patent Marking in China. [Take-Away] Different from US, in China, the patent marking is not a requirement for collecting damages for patent...more

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