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    A Detailed Dive into China’s New Patent Term Extension Provisions

    December 11, 2020

    This article is a part of a larger article that highlights the newest draft implementation rules of the new Chinese Patent Law. This particular article takes a detailed dive into the patent term extension/adjustment provisions. One of the biggest and most exciting provisions in the newly amended patent law is patent term extension for delay caused by the patent office (PTA) or by the drug regulatory approval process (PTE). In general, the Chinese version seems to be modeled off of existing systems in other jurisdictions around the world (e.g., the US), and as a whole seem reasonable to us. For the sake of easy understanding, we shall use the equivalent…

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  • Biotech,  China,  Court Cases,  Pharma,  prosecution

    The Latest on Post-Filing Data in China’s Patent Law

    April 29, 2020

    Post-filing data can sometimes be the crucial difference between a patent allowance and a final rejection. The reasons are endless why important data may not have been included in the original patent application as filed. Time and budget may have been insufficient to generate data over the full scope of the claims at the time of filing. The priority of a company’s business may have changed, meaning now more resources are available to generate data in this new area. Whatever the reason, patent practitioners often rely on data generated after the filing of the original application in order to overcome rejections from the patent office. Traditionally, China has been known…

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  • Biotech,  China,  prosecution

    Diagnostic Claims in China

    January 9, 2020

    The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So what constitutes a diagnostic method that would be excluded from patent protection? It must meet the following two criteria: It is practiced on a living human or animal body Its immediate purpose is to obtain the diagnostic result of a disease or health condition Living Human or Animal Body This first requirement means that, for…

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    eagleip No Comments

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Recent Posts

  • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
  • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
  • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
  • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
  • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement

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    Recent Posts

    • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
    • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
    • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
    • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
    • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement
    • Oct 28, 2020 Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
    • Oct 19, 2020 Breaking News: China passes Fourth Amendment to the Chinese Patent Law
    • Oct 19, 2020 China Forges Ahead with Draft Measures for New Patent Linkage System
    • Jul 30, 2020 How Far Can an Employer Reach to Own Employee-made “Service Inventions”?
    • Jul 20, 2020 China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope – Shimano KK v. SENSAH
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