China Patent Strategy

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    How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?

    November 20, 2020

    The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese Patent Law Adds Patent Linkage (Article 76) Linking Drug Approval to a “Clear” Patent Position In October of 2020 China passed the 4th amendment of the patent law which ushered in some sweeping changes in certain areas that are especially exciting for life science companies. One of the most important changes is the introduction of…

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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

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  • China,  Updates and Changes

    New Guidelines! How to Apply China’s Criminal Law in IP Infringement

    November 9, 2020

    New announcements have been made by the Supreme People’s Court and the Supreme People’s Procuratorate (Prosecutor General’s Office) as they jointly issued Interpretation on Applying the Law in Intellectual Property Infringement Criminal Cases, which has taken effect on 14th September 2020. As a whole, the most recent interpretations aim at enhancing efforts to protect intellectual property rights by simultaneously creating stricter rules for criminalizing offenders and increasing the scope of protection for IP rights’ owners. The new revisions further standardize and regulate parts of the legal process, providing clarity to all and building a healthy legal and business environment. Counterfeits with Minor Alternations still Infringe (Provision 1) Counterfeits have been…

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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

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

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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

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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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