Chinese Legal Developments : Counting the Cash

(Author: Guoxu Yang; Source: CCPIT) The Chinese government has realised the importance of the patent system in promoting the innovation of technologies and has taken certain measures and steps to enhance the protection of patent rights. The following are some trends and developments on patent protection in China in 2015. Chinese entities and individuals are actively enforcing patent rights According to the “White […]

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Correction of Obvious Defects in the Claims in Patent-related Court Proceedings

(Author: Shi Bisheng; Source: China Intellectual Property) When determining the rules governing the amendment to patent application files, as basic preconditions, the differentiation should be made between: 1. the patent files and the patent application files; 2. the claims and the specifications; and 3. the active amendment and the passive amendment. This is very important for determining the amendment rules. The recent […]

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Drafting the best background section of patent applications

(Author:By Yali Shao and Ziqing Wu; Source: Liu Shen & Associates) How much disclosure is appropriate for the background section of a patent application? This question is difficult to answer, especially when it applies to a multinational application as different countries have different regulations regarding the background section of the application. For example, in some countries, the background section may constitute the […]

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Patent Protection for Medical Uses and Relevant Judicial Practice in China

(Author: Ms. Duan Xiaoling; Source: WAN HUI DA) The Supreme People’s Court (hereinafter refers to as SPC) recently announced  “2013 Top Ten Innovative Intellectual Property Cases of Chinese Court”. Among these exemplary cases, the retrial case applied by the Cubist Pharmaceuticals, Inc. (hereinafter refers to as Cubist) before the SPC is very representative in the field of patent protection for medical use […]

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Burden of Proof in an Infringement Litigation over a Patent for a Process of Manufacture in China

(Author: Xiaojun Guo; Source: CCPIT) I.      Introduction Article 64(1) of the China’s Civil Procedure Law (in effect Jan. 1, 2013) stipulates that, A party shall have the responsibility to provide evidence in support of its own propositions. Article 2 of the Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures (in effect April 1, 2002) reads, The parties concerned shall […]

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PRACTICAL TIPS OF ANNUITY MAINTENANCE IN CHINA

(Author: Lirong Dai; Source: CCPIT) How to handle annuities with security and efficiency is always a big and complicated issue for patentees. All patentees are looking for a reliable, precise and efficient manner to handle the large portfolio of their patents. As we know, many of the giant international companies always prefer having an annuity vendor to monitor and manage its worldwide […]

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Revision to the Guidelines for Patent Infringement Determination by the Beijing High People’s Court

(Author: Mr. GAO Dong & Ms. GU Xueni; Source: WAN HUI DA) On April 20, 2017, the Beijing High People’s Court issued a newly revised “Guidelines for Patent Infringement Determination” (“the Guidelines”) in three languages (i.e. Chinese, English and Japanese). The Guidelines has six sections, including determination of protection scope of invention and utility model, determination of infringement of invention and utility model, determination […]

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Patent Litigation in China

(Author: Chuanhong Long, Guoxu Yang; Source: CCPIT) 1. Types of Intellectual Property Rights & Granting Procedure 1.1 Types of Intellectual Property Rights The Chinese legal system provides patent protection for inventions.There are three types of patents under Patent Law, namely a patent for an invention, a patent for a utility model and a patent for a design. Inventions could be also be protectable as […]

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Effective Approaches to Fight Patent Infringement in China

(Author: Guoxu Yang; Source: CCPIT) Patent infringement happens frequently because many people lack awareness of patent protection or are driven by the interest of high profits. In China, there are two alternative routes to stop patent infringement: the judicial route and the administrative route. The administrative route may take less money and time than the judicial route. The administrative authority in the administrative […]

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