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    Diagnostic Claims in China

    January 9, 2020

    The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So what constitutes a diagnostic method that would be excluded from patent protection? It must meet the following two criteria: It is practiced on a living human or animal body Its immediate purpose is to obtain the diagnostic result of a disease or health condition Living Human or Animal Body This first requirement means that, for…

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  • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
  • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
  • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
  • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
  • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement

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    Recent Posts

    • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
    • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
    • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
    • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
    • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement
    • Oct 28, 2020 Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
    • Oct 19, 2020 Breaking News: China passes Fourth Amendment to the Chinese Patent Law
    • Oct 19, 2020 China Forges Ahead with Draft Measures for New Patent Linkage System
    • Jul 30, 2020 How Far Can an Employer Reach to Own Employee-made “Service Inventions”?
    • Jul 20, 2020 China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope – Shimano KK v. SENSAH
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