Publications
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China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
- June 30, 2022
- Posted by: admin
- Category: Publications
No CommentsChina Hands Down First Batch of Patent Linkage "Paragraph IV" Litigation Results June 2022 China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically "early dispute resolution mechanisms for -
What Kind of Damage Awards Can You Get in China?
- June 17, 2022
- Posted by: admin
- Category: Publications
What Kind of Damage Awards Can You Get in China? June 2022 Is it worth filing for a patent in China? What kind of damage awards can you get? Pharma companies care more about injunction than damage awards, since it's quite unlikely that any damage award can compensate for the large amounts of money -
China Releases Draft Implementation Guidelines for the Drug Administration Law
- June 7, 2022
- Posted by: admin
- Category: Publications
China Releases Draft Implementation Guidelines for the Drug Administration Law June 2022 The latest draft implementation guidelines for China's Drug Administration Law ("Guidelines") are out and open for comment. Previously, the new implementation measures for early dispute resolution mechanisms for drug patents ("Patent Linkage Measures") came into effect on July 4, 2021. The Guidelines indicate -
How Smart is a Skilled Person in the Art?
- April 8, 2022
- Posted by: admin
- Category: Publications
How Smart is a Skilled Person in the Art? April 2022 Let's start with a riddle: can you name a person who has read every book, every journal, conducted every known experiment, and is knowledgeable about every single patent prosecution / litigation in the world? The answer? A "skilled person in the art." This person -
Patent Eligibility for Software in China
- April 4, 2022
- Posted by: admin
- Category: Publications
Patent Eligibility for Software in China April 2022 Technology has progressed significantly since the early days of patent law, when US lawmakers in 1952 could only envision patentable subject matter into categories like "process, machine, manufacture, or composition of matter." The recent explosion of new types of innovations that don’t fall neatly into these categories -
CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
- December 2, 2021
- Posted by: admin
- Category: Publications
CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals December 2021 In China, patents applicants take advantage of a commonly-used divisional filing strategy to achieve a fine-tuned balance between protection scope and protection period (if used properly). Patent applicants (especially foreign applicants) widely welcome this well-established strategy, and up until now, -
CHINA: The Interplay Between Patent Law and Other Laws During Patent Prosecution
- October 22, 2021
- Posted by: admin
- Category: Publications
CHINA: The Interplay Between Patent Law and Other Laws During Patent Prosecution October 2021 Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes -
Proposed Examination Guidelines for the New Chinese Patent Law – Topic 1: Patent Term Adjustment
- October 15, 2021
- Posted by: admin
- Category: Publications
Proposed Examination Guidelines for the New Chinese Patent Law Topic 1: Patent Term Adjustment October 2021 The new 4th Amendment of the Chinese Patent Law came into effect on June 1, 2021. Right before that date, the Chinese Patent Office (“CNIPA”) released some “Interim Measures” to give us a taste of what was to come, -
China Finally Clamps Down on Facial Recognition Technology
- August 26, 2021
- Posted by: admin
- Category: Publications
EIP Coffee Break Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape China Finally Clamps Down on Facial Recognition Technology August 2021 Around the end of July 2021, the Supreme People’s Court (SPC) issued a new Provision concerning the application of law in super-hot technology: facial recognition. This Provision is -
Do Invention and UM Patents Filed on the Same Day Rise and Fall Together?
- August 19, 2021
- Posted by: admin
- Category: Publications
EIP Coffee Break Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape Do Invention and UM Patents Filed on the Same Day Rise and Fall Together? August 2021 Recently, the Intellectual Property Division of the Supreme People's Court (SPC) issued a list of seminal (精品) cases. Although China is not a