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Limitation by “parameter features” is a love-hate claim drafting approach. It’s highly praised by applicant/patentee because it leads to great the difficulty in searching and finding prior arts that directly disclose the...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
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
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
Judgment Gist - Three types of the allegedly infringing product CSM-9820-00/01/02 and the allegedly infringing product CSM-9820A fully encompass all of the technical features of claims 1, 2, 4, and 6 of the subject patent,...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 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
Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in San Francisco. Firm attorneys led two days of interactive discussions with clients on the latest developments in...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 patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. The applicants challenge the implementability of the cited prior...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
In the practice of patent examination in China, to determine whether an invention has prominent substantive features is to determine, to the person skilled in the art, whether the claimed invention is non-obvious as compared...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
Strategic patent portfolio management requires a portfolio manager to expedite prosecution for quicker allowance for some patent applications, and to extend the pending time for more flexibility for some other patent...more
On October 17, 2020, the Chinese Legislature passed the Fourth Amendment to the Chinese Patent Law, which will come into effect on June 1, 2021. As discussed in our previous post, the Fourth Amendment included several updates...more
To ensure that Hong Kong’s system continues to meet present-day circumstances and be in alignment with Government’s vision of developing Hong Kong into a regional innovation and technology hub, Hong Kong Government appointed...more