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Patents CNIPA Patent Infringement

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

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

Quarles & Brady LLP on

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

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

Linda Liu & Partners

How did we reverse the second trial in our favor with evidence discovery order issued? | Patent infringement case of “the fitness...

Linda Liu & Partners on

Summary of the judgment - The Court verified that the calculation method claimed by MTG Co., Ltd. was in accordance with the law and that all the data based on which it calculated the amount of compensation was available...more

Kilpatrick

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

Kilpatrick on

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

Estoppel Doctrine in China's Patent System

Linda Liu & Partners on

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel...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

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

Linda Liu & Partners

Stages of Patent Invalidation Proceedings in China

Linda Liu & Partners on

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

Linda Liu & Partners

Stages of Patent Invalidation Proceedings

Linda Liu & Partners on

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

Hogan Lovells

China’s new Amended Patent Law and Draft Implementation Rules – all that was expected and more to come

Hogan Lovells on

On 17 October 2020, China's NPC adopted amendments to the Patent Law, which will take effect on 1 June 2021. The highlights are the adoption of a patent linkage system, a patent term extension for pharmaceutical patents,...more

Jones Day

China Promulgates Fourth Amendment to Patent Law

Jones Day on

On October 17, 2020, the Standing Committee of the National People’s Congress in China promulgated the fourth amended Patent Law of the People’s Republic of China, which came into force in its original form in 1985, with...more

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