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
- 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
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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AI is magical but NOT magic! Be specific in your AI patents!
What is the standard of sufficient disclosure for AI-related patents: A case study in China The rapid growth of AI patent applications present significant challenges to existing patent application and examination practices. One of them is satisfying the requirement for sufficient disclosure. The following case was featured in the 2023 CNIPA Compilation of Key Decisions on Patent Reexamination and Invalidation Cases (“2023 Compilation”) as an example to elucidate the current standards for sufficient disclosure in examining AI patent applications in China. Rejection of Alipay’s AI + Brainwave Patent The applicant Alipay1 had a Chinese Patent2 on an invention relating to a method and system that trains and utilizes AI models…





