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On 31 December 2024, the China National Intellectual Property Administration (CNIPA) adopted the "Guidelines for Patent Applications for AI-Related Inventions (Trial Implementation)", aiming to shed light on the specific...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
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
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
Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the...more
China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. This new system will also create a new form of pharmaceutical patent litigation in...more
On August 3, 2021, the China National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (“Draft Guidelines”) for comments. The revisions in the Draft Guidelines reflect the...more
The China National Intellectual Property Administration (CNIPA) and the National Medical Products Administration (NMPA) in the People’s Republic of China (PRC) issued measures to facilitate the implementation of the newly...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
When filing a PCT application, an election must be made of an international search authority (ISA). The ISA, as the name suggests, searches for prior art relevant to the claimed invention and prepares the International Search...more
Article 76 of the Amendment establishes the longanticipated patent linkage scheme in China. It aims to allow early resolution of patent disputes between innovators and generic companies during the drug review and approval...more
On July 3, 2020, China’s National People’s Congress published the second draft of the latest amendment to China’s Patent Law (the “Draft Amendment”) for public comments, which were allowed to be submitted by August 16, 2020....more
Appealing the Rejection of a Patent Application in the United States, Europe, and China - In some circumstances, appealing the rejection of a patent application is the only practical recourse a patent applicant may have...more
In light of the recent coronavirus (COVID-19) outbreak, Charles Gray, a partner in Kilpatrick Townsend’s Shanghai office, offers helpful steps for those who missed a patent deadline due to the virus. ...more
In recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal...more
Recently, the Chinese Patent Reexamination Board (PRB) published a written decision where patentee Chen He’s Electric Unicycle patent (CN102275621B) was invalidated based, partly, on a failure to establish sufficient domestic...more