China Patent Strategy

Latest Updates on the IP Landscape in China

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  • China,  Top 50 Representative Cases

    How Far Can an Employer Reach to Own Employee-made “Service Inventions”?

    July 30, 2020

    2019 China’s Top 50 Representative IP Cases Shenzhen Weibang Technology Co. Ltd v. Li Jianyi & Shenzhen Yuancheng Intelligence Equipment Co. Ltd (2019最高法民申6342号) Each year in China there are hundreds of disputes over patent ownership.  A significant part of them are related to “Service Inventions”, which are defined in Article 6 of the Chinese Patent Law as any invention made by an employee (1) in the course of performing the employee’s duties or (2) mainly by using the materials or technical means of the employer. Under Chinese patent law, these inventions automatically belong to the employer.  No separate assignment or employment agreement needs to be in place. Article 12 of…

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    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • China,  Court Cases,  Top 50 Representative Cases

    China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope – Shimano KK v. SENSAH

    July 20, 2020

    Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people’s courts at all levels regarding their intellectual property trials. It’s always interesting to see which cases get chosen, since it reflects what concepts and messages the Courts want to highlight to the public. Below, we highlight one of the 50 typical IP cases. Shimano KK v SENSAH Smart Sports Equipment Co., Ltd[(2019) Supreme Court Minshen No.5466] In China, cases can turn completely on a single determination…

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    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • Tapentadol.svg
    Biotech,  China,  Court Cases,  Courts,  Pharma,  Supreme People's Court

    Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?

    July 14, 2020

    This case is focused on polymorphs, namely what are the standards for novelty and inventiveness when it comes to new crystal forms of a known drug? A recent Supreme People’s Court decision in China is illustrative of the way Chinese courts are thinking about polymorph patents in China. Grünenthal is a German pharmaceutical company and inventor of the opioid painkiller Pentadol[1]. Grünenthal has a Chinese patent (ZL 200580021661.1) with claims directed towards a new crystalline form of particular phenol hydrochloride (“tapentastat hydrochloride” and “Form A” in claim 1), processes for preparing tapentastat hydrochloride (claim 3), and processes for preparing Form A (claims 16 and 23). Form A is made by…

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    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Diagnostic Claims in China

    January 9, 2020
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  • What Kind of Damage Awards Can You Get in China?
  • China Releases Draft Implementation Guidelines for the Drug Administration Law
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Recent Posts

  • Jul 04, 2022 SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • Jun 30, 2022 China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • Jun 16, 2022 What Kind of Damage Awards Can You Get in China?
  • Jun 02, 2022 China Releases Draft Implementation Guidelines for the Drug Administration Law
  • Apr 11, 2022 How Smart is a “Skilled Person in the Art”?
  • Apr 04, 2022 Patent Eligibility for Software in China
  • Feb 11, 2022 China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
  • Dec 06, 2021 CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
  • Oct 22, 2021 CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law
  • Oct 19, 2021 China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines
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