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Publications / Attorney Publications

  • Admissibility of Late-filed Experimental Data is the Matter in China

    2018-02-11

    Just at the beginning of this year, the Patent Reexamination Board (PRB) of SIPO issued a decision in a notable patent invalidation trial against Novartis’s patent on Entresto (Sacubitril/Valsartan), holding all the claims of the patent invalid as being obvious.

  • Determination of Similarity Criteria in Design Infringement

    2017-03-06

    The similarity criteria is always a focus of attention in determination of design infringement. Conventionally, people often discuss whether two designs are alike in determining design infringement without objective analysis standards.

  • Determination of Service Invention

    2017-02-27

    For a service invention-creation, the right to apply for a patent belongs to the entity. After the application is allowed, the entity shall be the patentee. In these cases, the Supreme Court provided a method to determine whether an invention-creation in a patent application is a service invention.

  • Determination of Patent Infringement Related to Components

    2016-12-23

    The type of the infringement of making and selling a component patent that contains a patented component has been expressly determined, in the judicial interpretation published by the Supreme People’s Court in December 2009, as infringing actions of “using” and “selling” a patented component.

  • Properly Selecting Claims to Build the Foundation for Winning a Patent Infringement Litigation

    2016-12-16

    In patent infringement litigations, the right owner usually selects independent claim(s) with largest scope of protection for enforcement of the patent right. Senior patent attorney Bing Wu combines the SPC interpretations and his trial experiences to provide a brief guide on building a good foundation of selecting the rights claims is crucial for winning a patent infringement in China.

  • Supreme People’s Court Sets New IP Standards

    2016-12-01

    In its latest report the Supreme People’s Court explains the new patent, trademark and copyright concepts explored through 2015’s most complex and major IP disputes.

  • Possible Exemption from the Infringement Liability? Find an Answer Here!

    2016-09-23

    Article 25 of SPC’S Judicial Interpretation on Trial of Patent Infringment Dispute where products infringing a patent right are used, offered to sell, or sold for production or business purposes without knowing said products were manufactured and sold without the authorization of the patentee, and……

  • The Influence of Design Freedom on Judgement of Design Patent Infringement

    2016-09-23

    Article 14 of SPC’S Judicial Interpretation on Trial of Patent Infringment Dispute , the People’s Court, in determining the knowledge level and cognitive ability of the ordinary consumers for a design, generally shall consider the design space of the same or similar type of products to which the patented design belong at the time of the occurrence of the alleged infringement action.

  • No Liabilities for Indirect Infringers? Change Them into Direct Ones

    2016-09-23

    Article 21 of SPC’S Judicial Interpretation on Trial of Patent Infringement Disputes where a provider provides, for production or business purposes and without authorization of the patentee, a product to another party to commit a patent infringement action, with the knowledge that the product is material, device, component, intermediate and so on specialized for exploiting the patent, the People’s Court shall support the right owner if he or it assets that the action of the provider belongs to assisting another party to commit a tort provided in Article 9 of the Tort Law.

  • Trademark “AIR RESCUE & Design”, Distinctive? Or Not?

    2016-09-23

    In April, 2016, Beijing Intellectual Property Court made the first instance judgment, canceled the Rejection Appeal Decision regarding the mark “AIR RESCUE & Design” made by the Trademark Review & Adjudication Board (TRAB), and determined that the TRAB shall make a new decision on the application for review regarding the mark “AIR RESCUE & Design”.