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    From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China

    October 21, 2025

    As AI models become versatile and adaptable across multiple contexts and industries, questions about inventive step sit at the heart of patent examination in China. The 2023 Patent Examination Guidelines (hereinafter referred to as ‘the Guidelines’) included several sessions dedicated to explaining how inventive step should be examined for AI-related inventions, featuring examples related to AI algorithms, big data, and user experience1. In the re-examination of Beijing ByteDance Network Technology Co. Ltd.’s application entitled “Method and apparatus for processing an image” (Application No. 201810734681.2)2, which was recognized as one of the Top 10 Re-examination Cases of 2025 by the CNIPA, the CNIPA focused on the following issue: when an existing…

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    AI is magical but NOT magic! Be specific in your AI patents!

    January 9, 2025
  • China,  China Patent Office,  CNIPA,  Design,  Inventiveness,  Patent Re-examination and Invalidation Department

    Obviousness: can features from different categories of products be combined to invalidate a design patent?

    September 18, 2025

    Introduction “I have a tank, I have a gun—boom! Tank gun?” Each year the CNIPA releases a list of Top Ten Patent Re-examination and Invalidation Cases. These cases are meant to be guiding cases, showcasing exemplary real-world decisions that clarify certain aspects of the law. Over the next several months we will be highlighting many of these cases. Today’s article relates to design patents and the standard of what is “distinctly different”. Particularly, this case asks whether two prior art design elements can be combined to invalidate the novelty of a design if the two prior art features come from different categories of products. The Chinese patent law states: “A…

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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
  • Biotech,  China,  China Patent Office,  CNIPA,  Inventions,  national phase entry application,  Patent,  Patent Re-examination and Invalidation Department,  PCT,  PRD,  Priority

    Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent

    February 4, 2025

    The high-profile disputes surrounding an important CRISPR patent belonging to The Broad Institute, MIT and Harvard (hereinafter “the proprietors”) has attracted a lot of attention in recent years, particularly regarding the validity of priority rights that were challenged worldwide. In Europe, the patent was famously revoked by the European Patent Office (hereinafter “EPO”) due to an invalid priority claim1, though recent decisions by EPO suggest a dramatic shift in EPO’s approach that may lead to a different outcome2. Today, we will discuss the decision of the Chinese National Intellectual Property Administration (hereinafter “CNIPA”) in determining whether the proprietors’ priority claims in their CRISPR patent in China were valid, given discrepancies…

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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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  • Oct 21, 2025 From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China
  • Sep 30, 2025 When Standards Evolve: How China Judges Inventiveness in Next-Gen Tech Patents
  • Sep 18, 2025 Obviousness: can features from different categories of products be combined to invalidate a design patent?
  • Sep 04, 2025 NMPA’s Releases Draft Measures for Data Protection (Data Exclusivity)
  • Jun 03, 2025 How to Protect a Crystal Form (Polymorph) Patent in China

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Popular Posts

  • New Policies to Promote Importation of Innovative Drugs
  • Foreign companies transferring IP out of China: things to know
  • Is it Sufficient to Claim an Antibody only by Describing its Antigen?
  • Can Post Filing Data Overcome Inventive Step in China?
  • No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

Recent Posts

  • Oct 21, 2025 From Faces to Football Fields: How Applying AI Models to Different Application Fields Can Prove Inventive in China
  • Sep 30, 2025 When Standards Evolve: How China Judges Inventiveness in Next-Gen Tech Patents
  • Sep 18, 2025 Obviousness: can features from different categories of products be combined to invalidate a design patent?
  • Sep 04, 2025 NMPA’s Releases Draft Measures for Data Protection (Data Exclusivity)
  • Jun 03, 2025 How to Protect a Crystal Form (Polymorph) Patent in China
  • May 28, 2025 Why Do Examiners Fail to Recognize the Importance of my “Parameter Features”?
  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
  • Jan 09, 2025 AI is magical but NOT magic! Be specific in your AI patents!
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