China Patent Strategy

Latest Updates on the IP Landscape in China

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  • Biotech,  China,  Inventions,  Pharma,  prosecution

    CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law

    October 22, 2021

    Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its face, this provision seems extremely broad, undefined, and potentially very subjective. Whose moral standard? And how do you define “detrimental”? Because details of litigations are not always publicly available in China, we only have limited examples by which we can understand how Chinese courts and examiners interpret and apply this language. Below we highlight one…

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    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
  • Biotech,  China,  Patent Term Extension,  Pharma,  Proposed Changes,  Updates and Changes

    China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines

    October 19, 2021

    The new 4th Amendment of the Chinese Patent Law came into effect on June 1, 2021. Right before that date, the Chinese Patent Office (“CNIPA”) released some “Interim Measures” to give us a taste of what was to come, though they have yet to released the actual Implementation Rules. Two months later, CNIPA finally released Draft Patent Examination Guidelines in conjunction with the new Patent Law. We have provided a summary of the key points at this link, and for the next several posts, we will explore some of those topics in greater detail. “PTA” in the Patent Law Patent term compensation for patent office delay, which we will refer…

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    November 12, 2018

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    January 9, 2020
  • China,  Court Cases,  Courts,  EIP Coffee Break,  EIP Patent 101 Corner,  prosecution,  Supreme People's Court

    Do Invention and UM Patents Filed on the Same Day Rise and Fall Together?

    August 19, 2021

    Snippets of Court Cases, Provisions, and Key Observations about China’s IP Landscape Seminal Cases by the SPC Recently, the Intellectual Property Division of the Supreme People’s Court (SPC) issued a list of seminal (精品) cases. Although China is not a case law country, such seminal cases issued by the SPC have high guiding impact for similar cases in the future, so they are still worthy of attention. One of the seminal cases ((2020) 最高法知民终699号) is very interesting. It involves a set of “same day applications”, i.e. an invention patent and utility model (UM) patent directed towards the same invention filed on the same day. The key issue is: if the…

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    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

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    October 25, 2018

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    November 12, 2018
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  • How Smart is a “Skilled Person in the Art”?
  • Patent Eligibility for Software in China
  • China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
  • CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
  • CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law

Recent Posts

  • 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
  • Aug 24, 2021 China Finally Clamps Down on Facial Recognition Technology
  • Aug 19, 2021 Do Invention and UM Patents Filed on the Same Day Rise and Fall Together?
  • Aug 13, 2021 What is the difference between an Invention Patent and a Utility Model Patent?
  • Aug 04, 2021 CHINA: New Patent Examination Guidelines Now Available for Public Comment
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