Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023
5 Key Takeaways | How to Effectively Leverage the Chinese Patent System
Third Party Observation in Patent Prosecution in China
The Grace Period for Novelty in Chinese Patent Law
Ways to Amend the Claims in the Patent Invalidation Proceedings
Estoppel Doctrine in China's Patent System
Patent Dual-application Strategy in China
Patent Right Evaluation Report in China’s Patent System
Cases Updated in CNIPA Guidelines - Eligibility & Inventiveness for AI & Business Method Applications
Patent Marking in China
Cross-Border Patent Assignment--How Can Foreigners Obtain Patent Assignments from Chinese Patentees?
Linda Liu Webinar: Introduction to Chinese Patent Invalidation and Trial System
Stages of Patent Invalidation Proceedings
The latest version of the CNIPA’s Guidelines for Patent Examination (hereinafter referred to as “the latest Guidelines”) came into force as of January 20, 2024. In comparison with the previous version of the Guidelines, there...more
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
Kilpatrick partners Crystal Genteman and Wendy Cheng recently presented “Big Little Fires Everywhere: Cross-Jurisdictional Nonuse Actions to Clear Deadwood” at the firm’s annual 2024 Advanced Trademark Law Seminar in New...more
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
Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more
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
As a large pharmaceutical consumer market, China's position in the layout of pharmaceutical patents has been valued. Inventions such as medical use, drug crystalline form and the like, have been paid more attention in the...more
In practice, companies regularly search the competitors's related published patent applications to determine whether they pose a threat to their own market activities. If necessary, companies can consider using the third...more
On December 14, 2020, the China National Intellectual Property Administration released “Announcement about Amendments to the Guidelines for Patent Examination (Announcement No. 391)” on its website, showing that the amended...more
In a “first to file” patent system as exists in the United States and in most countries throughout the world, timing of when to file a patent application is critically important but must be balanced by patentability...more
As part of a new Asia-Pacific (APAC) Life Sciences and Health Care webinar program designed both for companies with commercial interests in APAC and for companies based in the region, Hogan Lovells is hosting a special...more
The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early...more
When a patentee responds to the challenge in the patent invalidation proceedings in China, sometimes it is necessary to amend the claims in order to obtain a decision from the CNIPA to maintain the validity of the patent...more
As more things are considered and stricter standards are applied in the examination of utility model applications, it has become not rare that some utility model applications are rejected. How to deal with a rejection for a...more
Mostly, the examiners examine whether a divisional application for utility model is accepted or not following the examination criteria consistent with those for the examination of a divisional application for invention. But...more
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
PPH, literally the Patent Prosecution Highway, is a procedure to facilitate the prosecutions in a national phase. More particularly, if an application has all or part of its claims allowed in one country, more precisely we...more
Since the number of claim items of a patent application and the number of pages of the description and drawings directly affect the amount of work of the examiner, additional filing fees, i.e., excess claim fees and excess...more
China's stance on pharmaceutical patents catches the eye of the entire globe due to its market position. Effective on January 15, 2021, the newly revised China’s Patent Examination Guideline provides new examination rules of...more
Dual-application in China specifically refers to the applications filed both for utility model and invention patent based on the same invention-creation on the same day. In China, both the invention and utility model are...more
Polymorphism of a pharmaceutical compound refers to its state of existing in different solid forms that is caused by the fact that the molecules of the compound, though being of the same chemical structure, are arranged in...more
The rapid spread of the novel coronavirus (officially known as “SARS-CoV-2” and hereinafter referred to as “NC” for short) led to the COVID-19 pandemic. All countries around the world are fighting against the disease. In this...more
China is becoming one of the friendliest jurisdictions for AI & business method applications. We invite you to take 30 minutes, grasping the real case examples on what claims would receive a YES or a NO, based on the most...more