The Impact of Parameter Features on Inventiveness ”Parameter features” – numerical or mathematical expressions that define the quantity or physical properties of a subject – frequently appear as technical features within a claim. Often described as numerical ranges or measurements, they frequently play a critical role in addressing technical problems. However, in practice, Examiners and courts often disregard or devalue the inventive contribution of these “parameter features”, leading to considerable confusion among inventors. Recently, the China National Intellectual Property Administration (CNIPA) released the 2023 Compilation of Key Decisions in Patent Reexamination and Invalidation Cases. Among the cases discussed, two decisions (Cases No. 24 and 25) provide valuable insights into how…
- China, China Patent Office, CNIPA, Key decisions, parameter feature, Patent, patent application, Patent Law
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RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
An Update on Sufficiency and Inventiveness of RNAi Patents in China RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies. The first-ever invalidation decision in China for an RNAi patent1 was rendered in 2022 by the Patent Re-examination Board (the “Board”). We previously wrote about this case, which discussed the standards for post-filing data, sufficiency, and inventive step, particularly for RNAi inventions. Since then, two newer cases involving RNAi have also been upheld by the Board after facing similar…
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Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim
Three major ‘remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the “Implementation Regulations”). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows an applicant to rectify missing documents or parts of the document two months from the filing date. In this article we will be focusing on the other two new systems—the restoration of the right of priority and the addition or correction of a priority claim, namely new Rules 36, 37 and 128. Prior to the…


