Patent
IS THE TECHNICAL FEATURE COMMON KNOWLEDGE? —How to Rebut the Patent Reexamination Board
2022-03-10
  Linda Liu Partners The Examiner in charge of substantive examinations or the Patent Reexamination Board often denies an application or patents inventiveness based on common knowledge. To rebut an affirmation that a technical feature is comm
Judgment of Similarity of Designs under the Background of New Judicial Interpretation
2022-03-10
  Linda Liu Partners Article 11 of the Interpretation of the Supreme Peoples Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (Judicial Interpretation 21 (2009)) (hereinafter referred
New Issues in Enforcement of New Patent Law
2022-03-10
  Maojia LI Patent Attorney, Partner Linda Liu Partners It has been over one year since the new Patent Law entered into force on October 1, 2009. During this period, we have received a lot of questions from our clients about the new Patent La
ON “DOMESTIC” AND “INTERNATIONAL” DEPOSIT OF BIOMATERIALS
2022-03-10
  Linda Liu Partners When an applicant applies for a biomaterial-related patent in his own country such as Japan, he is sometimes obligated to deposit the biomaterial with a depositary institution of his country. In order to get a patent in s
PATENT PROTECTION FOR INVENTIONS OF MEDICAL USES
2022-03-10
  Linda Liu Partners Currently, many countries and regions do not provide patent protection for methods of treating and diagnosing diseases, but inventions of medical uses including new uses of known compounds or compositions are protected in
Research on Prior Art Plea: a dispute over patent right of utility model taken as an example
2022-03-10
  Linda Liu Partners Prior art pleas, also called widely-known technology pleas, are a right of pleading enjoyed by the accused infringer to defend against the infringement claims put forward by the patentee. Before, the prior art plea was pr
Amendments with respect to “Novelty”
2022-03-11
  Linda Liu Partners I. Changes to novelty in the revised Patent Law (third revision) The third revision to the Patent Law was adopted on December 17, 2008 containing significant changes to the definition of novelty in Article 22. The details
IMPACT OF THE THIRD AMENDMENT TO THE CHINESE PATENT LAW ON DESIGN
2022-03-11
  Linda Liu Partners Huihua ZHANG, Patent Attorney [1] Maojia LI, Patent Attorney [2] Xue WANG, Patent Engineer [3] The new Chinese Patent Law will enter into force as of October 1, 2009. In the third amendment to the Chinese Patent Law, ther
Interview under China’s Substantive Examination Procedure China’s substantive examination procedure is typically co
2022-03-11
  Linda Liu Partners Chinas substantive examination procedure is typically conducted in the written form. However, if the patent examiner requires a deeper understanding of the patent application in order to advance the prosecution, a persona
The Proof of Prior Public Use and Other Evidentiary Issues in Invalidation Procedure ----A Case Study of The Patent Dispu
2022-03-11
  Linda Liu Partners Abstract In April, 2009, CHINT Group Corp. (hereinafter referred to as CHINT Group) settled its patent infringement suit against Schneider Electric Low Voltage (Tianjin) Co., Ltd. (hereinafter referred to as Schneider Ele
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