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China Patents Intellectual Property Protection

Sheppard Mullin Richter & Hampton LLP

China’s Implementation of Patent Term Adjustment

On August 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the fee standards for patent term adjustment (PTA) requests. Before this announcement, all submitted requests for PTA were pending...more

Foley & Lardner LLP

Using Global Patent Trends in Smart Manufacturing to Develop an Informed and Effective IP Strategy 

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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

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

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

Axinn, Veltrop & Harkrider LLP

WIPO Publishes Patent Landscape Report on GenAI

On July 3, 2024, the World Intellectual Property Organization (WIPO) published a Patent Landscape Report on Generative Artificial Intelligence (GenAI). The report provides a historical and technical overview of GenAI...more

Foley & Lardner LLP

The Rise of GenAI in Personalized Medicine and Beyond

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GenAI, or Generative AI, has seen a surge in patenting activity with China leading the way in filing patent applications for this technology. The landscape analysis by WIPO reveals Tencent, Ping An Insurance Group, and Baidu...more

Foley & Lardner LLP

Global Growth In GenAI Patenting Activity

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Between 2014-2023, China has filed more patent applications (38,000) covering Generative AI (GenAI) technology than another other country, six times more than second place United States, as reported by the World Intellectual...more

Jones Day

Chinese Antitrust Enforcement Agency Issues Warning Letter to Patent Pool

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Recent action by China's State Administration for Market Regulation ("SAMR") demonstrates renewed Chinese antitrust focus on standard essential patents ("SEPs")....more

Linda Liu & Partners

Possible “Poisonous” Divisional Application for Foreign Applications Entering China and Solving Strategies for it

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In filing cross-border patent applications, it is a general practice for foreign patent applicant to claim “right of priority” of the prior foreign patent application at the time of filing a Chinese patent application so as...more

Linda Liu & Partners

On Efficiency of China’s Drug-Related Patent Term Compensation System based on “Effective protection period”

Linda Liu & Partners on

China’s state council issued State Council Degree No. 769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Wilson Sonsini Goodrich & Rosati

Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to...

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines)...more

Sheppard Mullin Richter & Hampton LLP

Highlights of Revised Regulations for Implementing Patent Law of China

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

UnitedLex

The US and China embrace contrasting Wireless Charging technologies to revolutionize the future of EVs

UnitedLex on

While traditional charging methods, such as plug-in charging stations, have played a crucial role in the initial adoption of electric vehicles (EV), EV charging technology is poised for a transformative shift by going...more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

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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

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Foley & Lardner LLP

Emerging Risks Affecting The Tech Legal Landscape

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In an era dominated by technological advancements, the tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class...more

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China’s Patent Law 2023

Linda Liu & Partners on

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

Linda Liu & Partners

Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023

Linda Liu & Partners on

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

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

Criteria for Determining Infringement to Software Copyright | Case of Infringement to Software Copyright for Embroidery Machine

Linda Liu & Partners on

The patentee provided evidence to prove that BAS-342G computerized embroidery machine has been sold in the Chinese territory since 2007. As manufacturer and dealer specialized for sewing machine and parts thereof, the...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

Administrative Investigation of 4 Infringing Bases simultaneously with High Fines | “UFO CATCHER” Trademark Infringement Dispute...

Linda Liu & Partners on

Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more

Quarles & Brady LLP

Navigating Partial Design Rejections in China

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As outlined in our previous post, on June 1, 2021 the Fourth Amendment to the Chinese Patent Law came into effect, allowing partial claiming in design patent applications. Until this past May, examination of most Chinese...more

Linda Liu & Partners

Limiting Effect of Subject Matter on Scope of Protection

Linda Liu & Partners on

The subject matter is a dispensable part of a claim and plays an important role as the preamble of the claim. Following the omnidirectional coverage principle, in the determination of the scope of protection of a claim, all...more

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