China Patent Strategy

Latest Updates on the IP Landscape in China

  • Eagle IP
  • About Our Contributors
  • Eagle IP
  • About Our Contributors
  • China,  China Patent Office,  CNIPA,  Court Cases,  Courts,  Invalidation,  National Security Clearance

    First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing

    March 8, 2023

    What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who create IP within their borders to obtain approval by requesting a foreign filing license (or “confidentiality examination request“ in Chinese) before they can file a patent application in a foreign jurisdiction first (i.e., “export” the “technology”). In China, “inventions or utility models, of which the substantive content of the technical solution is completed within the…

    Read More
    eagleip No Comments

    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
  • China,  Court Cases,  Courts,  Drafting,  Inventions,  Patent Law,  Patent Re-examination Board,  Quality,  Supreme People's Court

    Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)

    December 13, 2022

    There is no doubt that the drafting quality of a patent can be crucial in determining the success (or failure!) of the patent during litigation. However, due to various reasons, patents often fail to use the right drafting strategies that best protect the invention. Too often, inexperienced or unsophisticated patent drafters merely listen to an inventor and literally describe the features of an invention. Worst yet, some inventors try to draft their own application, making the similar mistake of describing an invention too specifically and narrowly, leaving plenty of “design-around” space. Even though a patent may grant, the protection scope for that invention is weak, at best, and may even…

    Read More
    eagleip No Comments

    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
  • Biotech,  China,  Court Cases,  Courts,  Invalidation,  Inventions,  Patent Law,  Pharma

    How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

    October 19, 2022

    Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated from any medicinal use. Recently, we have noticed a worrying trend of such “food safety” type rejections impacting a broader class of inventions, even for inventions that are not directed towards the food itself. Here is one such case. Manufacturing Methods for Making a Plate The patent application[1] at issue is directed towards a method…

    Read More
    eagleip No Comments

    Related Posts

    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
 Older Posts

Subscribe!

Don't miss a post! Subscribe here to join our mailing list. We will never share your contact information with anyone else.
Loading

Recent Posts

  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
  • Mar 08, 2023 First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

Categories

Archives

  • April 2023
  • March 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • July 2022
  • June 2022
  • April 2022
  • February 2022
  • December 2021
  • October 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • April 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018

Popular Posts

  • <strong>CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants</strong>
  • <strong>Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators</strong>
  • First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • <strong>Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program</strong>
  • <strong>FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement</strong>

Recent Posts

  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
  • Mar 08, 2023 First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Jan 04, 2023 BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Dec 13, 2022 Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Nov 24, 2022 China Proposes New Examination Guidelines for Utility Models
  • Nov 17, 2022 China Announcing More Proposed Amendments to the Examination Guidelines in 2022
© 2023 Eagle IP Limited
Savona Theme by Optima Themes