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In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and...more
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
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
Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more
As a large pharmaceutical consumer market, China's position in the layout of pharmaceutical patents has been valued. Inventions such as medical use, drug crystalline form and the like, have been paid more attention in the...more
I Introduction - Under Rule 20.2 of the Implementation Regulations of the Chinese Patent Law, “The independent claim shall outline the technical solution of an invention or utility model and state the essential technical...more
Mostly, the examiners examine whether a divisional application for utility model is accepted or not following the examination criteria consistent with those for the examination of a divisional application for invention. But...more
PPH, literally the Patent Prosecution Highway, is a procedure to facilitate the prosecutions in a national phase. More particularly, if an application has all or part of its claims allowed in one country, more precisely we...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
Polymorphism of a pharmaceutical compound refers to its state of existing in different solid forms that is caused by the fact that the molecules of the compound, though being of the same chemical structure, are arranged in...more
The first paragraph of Article 15 of the Patent Law stipulates: "The organization which has been granted patent rights shall reward the inventor or designer of a service invention-creation; upon implementation of the patent...more
The rapid spread of the novel coronavirus (officially known as “SARS-CoV-2” and hereinafter referred to as “NC” for short) led to the COVID-19 pandemic. All countries around the world are fighting against the disease. In this...more
Utility model is a cost-effective way to protect your intellectual property in China. It has advantages of being fast, cost-saving and high granting rate. But it should be note that the protection period for utility models...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
Strategic patent portfolio management requires a portfolio manager to expedite prosecution for quicker allowance for some patent applications, and to extend the pending time for more flexibility for some other patent...more
On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates...more
This article discusses foreign filing requirements in China. Assuming mainland China is the country of invention, the following questions are explored: (1) who needs to seek permission to file a patent application outside...more