Strong Design Patents in China: The Power of Similar Designs

(Author: Yan HUANG; Source: Lung Tin) Design matters. Design patents have become an important asset in many intellectual property portfolios since Apple’s design patents took center stage in Apple Inc. v. Samsung Electronics Co. How to build a strong design patent portfolio in China? Chinese Patent Law defines three distinct types of patent protection , i.e., invention, utility model and design. Whereas an […]

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Practical guidance on license agreement recordal at the SIPO

(Author: Qi LIU; Source: CCPIT) Along with the rapid growth of the Chinese patent filings, attention begins to focus on how to exploit the patent right in order to realize its utmost value in business. In the recent years, the Chinese government enacted and renewed the Laws and Regulations in succession, in order to propel the commercialization of the scientific and technological […]

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The Myths and Realities of China’s Revised Patent Examination Guidelines

(Author: Shuwei Tang and Catherine Zheng; Source: Deacons) China’s State Intellectual Property Office’s (‘‘SIPO’’) amendments to the Patent Examination Guidelines came into force on April 1, and will apply to all pending applications and all granted patents. The release of draft amendments to the Patent Examination Guidelines back in October 2016 generated much discussion. Many commented that the revisions would introduce significant changes […]

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Multiple Design Application in China

(Author: Xiaojun Guo; Source: CCPIT) I. INTRODUCTION Article 31 paragraph 2 of the Chinese Patent Law reads, “An application for a patent for design shall be limited to one design. Two or more similar designs of the same product or two or more designs which are incorporated in products belonging to the same class and being sold or used in set, may be […]

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Determination of Design Patent Infringement in China

(Source: ZY Partners) The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v. Baili, and some implications from this case. Such standards involve how to determine distinctive features, what to be considered to differentiate a functional feature, what elements may affect the […]

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Looking Beyond the “Three-Step Approach” –Assessment of Inventiveness in China

(Author: SUN, Baohai, LIU, Wenjie; Source: Lung Tin) Inventive step, or non-obviousness, is a general requirement present in most patent laws, according to which an invention shall be sufficiently inventive. The sufficient inventiveness, in essence, is a proper balance between the inventiveness for encouraging innovation and the temporary monopolies conferred by the patent system. In China, to assess the inventiveness, a problem-solution analysis is […]

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Brief: Beijing High People’ Court Issued New “Guidelines for Patent Infringement Determination”

(Author: Yue Yuan; Source: CCPIT) On April 20, 2017, Beijing High People’ Court issued new “Guidelines for Patent Infringement Determination”. The newly issued “Guidelines for Patent Infringement Determination”  made revisions based on the “Guidelines for Patent Infringement Determination” issued in 2013 in order to solve outstanding problems in judgment, unify judgment standards, combine summaries of the judgment experience by Beijing High People’ Court […]

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Is Pro-SEP Holder Trend Suggested by Beijing High Court’s Newly Updated Guidelines on Patent Infringement Determination?

(Author: Hongbin Zhang; Source: Global Law Office)  On April 20, 2017, Beijing High Court issued its updated Guidelines on Patent Infringement Determination (the “Updated Guidelines”), which was first promulgated on October 9, 2013. The Updated Guidelines reflects Beijing High Court ‘s most recent opinions on injunctions under FRAND-encumbered SEP, which are in detail formulated through Article 149 to Article 153. FRAND commitment made […]

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Patent Litigation in China – Can You Receive Proper Compensation

(Author: Yufeng HAN, Qinghong XU; Source: Lung Tin) Damages are one of the major remedies for patent infringement. China has long been criticized for low damages typically awarded to rightsholders who are victors in patent infringement lawsuits. Statistically, such an outcome is still likely now. Recently, the Office of Legal Affairs for the State Council published the Draft Amendment to the Patent Law […]

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