China Patent Strategy

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    SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit

    July 4, 2022

    On 28 Feb 2022, China’s Supreme People’s Court (SPC) issued its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in 2021. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well as new types of IP cases in high tech fields. This case was one of the 48 “typical” cases and deals with how to determine infringement for claims covering biological deposits [1]. Case Background summary FengKe (上海丰科生物科技股份有限公司) is a Shanghai company owning a patent (201310030601.2) claiming a particular white mushroom fungal strain. The patent only…

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  • 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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  • China,  Court Cases,  Courts,  Supreme People's Court,  Top 10 IP Case

    2020 China Top 10 IP Cases: Winners’ Sun is truly a Winner: A Simple Selfie-Stick Utility Model Patent Crushes Infringers in China

    August 2, 2021

    Each year The Intellectual Property Tribunal of the Supreme People’s Court releases a list of top 10 technical intellectual property rights court case decisions. The 2020 list came out a few months ago, and we have been highlighting some of these cases. Today, we will cover a utility model patent infringement case. As one of the three types of patents one can obtain in China (the other two being invention patents and design patents), utility models are popular due to their reduced costs and relative ease of prosecution (no substantive examination). Some might argue that a utility model patent has limited value, having restricted subject matter eligibility, a shorter term,…

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  • 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
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  • What Kind of Damage Awards Can You Get in China?
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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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