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Creating consistency across civil and invalidity action invo...July 27 2022Creating consistency across civil and invalidity action involving same design patent (2022)In China, design patent infringement litigation often proceeds in parallel with the counter action - an invalidity proceeding instituted by the defendant challenging the validity of the design patent ...July 27 2022 -
Fighting against Bad Faith Design Patent Filings in China (2...May 25 2022Fighting against Bad Faith Design Patent Filings in China (2022)In China, since design patent application does not go through substantive examination, a design filing will proceed to grant, as long as it satisfies the formality request of China National Intellectu...May 25 2022 -
Canny Patentee Leverages Pre-Suit Mediation Procedure to Set...May 11 2022Canny Patentee Leverages Pre-Suit Mediation Procedure to Settle Design Infringement (2022)A design infringement suit demonstrates not only why it is worth patentees moving fast to secure evidence but also that, with the right strategy, it is possible for foreign patentees to protect their ...May 11 2022 -
China Supreme Court Sanctions Obstruction of Litigation (202...June 11 2021China Supreme Court Sanctions Obstruction of Litigation (2021)Even though the defendant successfully convinces the appellate court that the technical features of the alleged infringing equipment does not fall into the protection scope of the plaintiff’s patent,...June 11 2021 -
Factoring In Design Space In Ascertaining Similarity Of Desi...May 11 2020Factoring In Design Space In Ascertaining Similarity Of Designs (2020)Article 23 of China’s Patent Law provides that a design for which a patent is granted shall significantly differ from prior design. The provision bars any design substantially similar to prior design...May 11 2020 -
Technical problem actually solved in assessment of inventive...Sept 27 2019Technical problem actually solved in assessment of inventiveness should be properly generalizedOn September 27, 2019, the Intellectual Property Court of the Supreme People’s Court (“SPC IP Court”) renders a judgment (2019) Zui Gao Fa Zhi Xing Zhong No. 32, confirming the validity of a utilit...Sept 27 2019