By King & Wood Mallesons’ Healthcare Group In April 2013, the Supreme People’s Court (“SPC”) issued the“Supreme People’s Court’s Annual Report of Intellectual Property Cases”, in which the SPC included 34 typical intellectual property and competition cases from 2012 and summed up 37 issues of application of law with universal significance. In this regard, we… Continue Reading
Tag Archives: patent
What is the role of an antitrust enforcement agency in compulsory licensing?
Posted in Antitrust & CompetitionBy Susan Ning and Kate Peng In August 2012, the State Administration for Industry and Commerce published the fifth draft of the Guidelines on Anti-Monopoly Law Enforcement in the Field of Intellectual Property (the “Draft Guidelines“). Although compulsory licensing is not expressly mentioned in the Draft Guidelines, many provisions therein seem to imply it being… Continue Reading
对中国境内公司专利战略实施的几点建议
Posted in Intellectual Property作者：张维 金杜律师事务所知识产权组 作为世界第二大经济体，中国逐步出现在世界经济舞台的中心，中国的经济和法制也不断发生变化。随着中国国家知识产权保护体系的不断完善，专利投入快速增长，越来越显示出中国创新政策的优势，专利申请也出现了自己的特色。中国公司也创造了大量专有的知识产权，并对外国公司和中国当地的竞争对手提起侵权诉讼。中国第三次专利法修正案[1] （“新专利法”）也在很多方面改变了中国专利实务和程序。 这些新变化对所有中国境内开展的公司将产生深远的影响，特别是发展很大程度上依赖知识产权的公司。应对这些重要变化的最好的方式是什么呢？中国境内公司在设计其中国专利战略时，至少要考虑到下述几点要素。
Key Considerations for Patent Strategies in China
Posted in Intellectual Propertyby Alex Zhang King & Wood Intellectual Property Group As the second largest economy in the world, China is emerging to the center of the world’s economic stage. This emergence has been accompanied by constant changes in its legal and economic sectors. The intellectual property sector also has witnessed numerous recent changes. There have been… Continue Reading
China’s Drive towards Indigenous Innovation Seen in Rise in Invention Patents Granted to Domestic Entities
Posted in Intellectual PropertyBy Richard Wigley and Chen Wenping of King & Wood’s Intellectual Property Group There has been a great deal of interest lately – both from inside and outside of China – in P.R.C. governmental policies aimed a promoting "indigenous innovation". In an April 2010 publication entitled "2010 Notification Regarding the Development of Determining ‘ Indigenous Innovation’… Continue Reading
Inventions Defined under PRC Patent Law
Posted in Intellectual PropertyBy Meng Xianghai, King & Wood’s IP Department Recently, an increasing number of opinions from the State Intellectual Property Office ("SIPO") indicate that applications for patent protection for some inventions do not fall under the scope provided in Paragraph 2 of Article 2 of the PRC Patent Law, which defines an "’invention’ as any new… Continue Reading
Bringing the U.S. patent regime closer to China’s? Bilski v. Kappos
Posted in Intellectual PropertyBy Kenneth Choy, Partner, King & Wood – Hong Kong The United States Supreme Court finally issued its decision on Bilski v. Kappos just before it shut down for the summer. As widely expected, the justices unanimously agreed that the Bilski claims are abstract ideas which are nonpatentable and the Court of Appeals for the Federal Circuit… Continue Reading
Limitation of Actions Regarding Patent Ownership Disputes
Posted in Intellectual PropertyBy Li Ruihai and Su Juan, King & Wood’s IP Department Patent ownership disputes arise, when a party challenges the ownership of a patent right at the State Intellectual Property Office (SIPO) and files suit with the People’s Court to seek rectification of the ownership of the patent. Article 135 of the General Principles of… Continue Reading
Protecting Pharmaceutical Intellectual Property Rights in China
Posted in Intellectual PropertyBy Mia Qu and Bessie Ye, King & Wood’s IP Department To many foreign companies, China remains attractive as the world’s largest potential market for pharmaceutical products. As such products rely heavily on the protection of intellectual property rights, it is essential for foreign companies in this field to adopt a combination of IP protection methods… Continue Reading
Hong Kong Budget Report: New Benefits for Inventors
Posted in Intellectual PropertyBy Kenneth Choy, Partner, Corporate, King & Wood–Hong Kong Hong Kong’s Financial Secretary, the Hon. John C Tsang, gave his annual budget speech Wednesday, February 24th. Buried in the 178 paragraph speech on the 2010-2011 Budget Report were two paragraphs relating to intellectual property rights. The issues mentioned by the Financial Secretary may benefit inventors… Continue Reading
30% Jump in Chinese WIPO Filings
Posted in Intellectual PropertyBy Kenneth Choy, Partner, Corporate, King & Wood–Hong Kong The World Intellectual Property Organization, also known as WIPO, recently disclosed the number of international patent applications filed under its Patent Cooperation Treaty (“PCT”) for 2009. A copy of the release, entitled International Patent Filings Dip in 2009 Downturn (PR/2010/6), may be downloaded here. While the… Continue Reading
Bilski v. Kappos, the end of the ‘Machine or Transformation Test’?
Posted in Intellectual PropertyLast month, the United States Supreme Court heard oral arguments in the closely followed case of Bilski v. Kappos, 08-964. The case concerns a patent application for hedging risk in commodities trading. Both the U.S. Patent and Trademark Office and the United States Court of Appeals for the Federal Circuit rejected the claims.
Common Knowledge in Patent Prosecution
Posted in Intellectual PropertyIn patent prosecution, an examiner often mentions the term "common knowledge" when evaluating a step forward in an invention, as one cannot patent common knowledge. Common knowledge in the IP sense is generally a fact known or ought to be known to one skilled in the art and can be applied by such a person… Continue Reading
Impact of the New China Patent Law
Posted in Intellectual PropertyThe third amendment of the Patent Law of the People’s Republic of China (“New Patent Law”) was passed on December 27th 2008, and will come into effect on October 1st 2009. The New Patent Law will impact the legal administration of and court rulings on patents as follows: A、Affirmed the "Plea of Free Prior… Continue Reading
Viagra Judgment: Impact on future patent filings?
Posted in Intellectual PropertyWritten By Yang Hongjun, Partner The recent decision by the Beijing Higher People’s Court revoking the Patent Reexamination Board (PRB) invalidation Decision of Pfizer’s Viagra Patent in China has put an indefinite end to a drawn out battle between domestic drug companies and Pfizer. This case, while not firmly establishing any foundation for patent examinations,… Continue Reading