In theory China’s inventorship standard is similar to others around the world. An inventor is anyone who “makes creative contributions to the substantive features” of an invention. But what does this mean, and how does one apply this standard? Up to this point, this issue hasn’t really been litigated much in China (at least according to publicly available records). We finally have an important case (from the top!) that clarifies this issue. We analyse a binding judgment by the Intellectual Property Court of the Supreme People’s Court (SPC) of China1. It clarifies China’s applicable inventorship standards and the potential legal consequences of omitting qualified inventors. For U.S. companies conducting R&D…
China, Courts, inventors, inventorship, Patent, patent application, Patent Law, Supreme People's Court
