Beijing Law Intellectual Property Agency Co., Ltd.
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China's IPR Protection Widely Recognized by Foreign Enterprises
New
2022-09-30
  On September 28, Chinese Ambassador to the United States Qin Gang tweeted that in the past decade, the overall ratings of China's IPR protection have increased significantly. The Chinese government is confident & capable of ensuring equal fair & strict IPR protection for companies from all over the world.   "The number of patents for inventions and trademarks granted to foreign applicants in 2021 grew by 23% and 5% year on year respectively, showing their recognition of China's IPR protection environment. Joint ventures and foreign enterprises' satisfaction with IPR protection in 2021 was up 4.52 points and 2.36 points from the beginning of the '13th five-year' period respectively," a set of data recently released by the China National Intellectual Property Administration (CNIPA) also reveals acknowledgement of joint ventures and foreign enterprises over China's IPR protection environment.   China's social satisfaction with IPR protection reached a record high of 80.61 points in 2021, up 16.92 points from 2012 when the survey was launched, exceeding the 80-point threshold for two straight years and maintaining a healthy momentum. To Zhang Zhicheng, spokesperson for the CNIPA and Director General of Intellectual Property Protection Department at a CNIPA regular press conference on September 6, these changes exhibit China's significant results in the strict, broad, fast and collaborative protection of IPR.   According to the results of the 2021 survey, among the five first-level indicators of the satisfaction evaluation system, social satisfaction with legislations and policies scored the highest at 83.26 points. Zhang said China had attached great importance to IPR protection and designed a grand scheme for IPR development in the recent decade. Under such top-level framework, China has imprinted such strictness of IPR protection into the formulation and revision of laws and policies, released laws and regulations frequently, and kept heightening sanctions on IPR infringement to protect right holders and innovators.   A slew of departmental regulations formulated and revised by the CNIPA in recent years epitomize the dynamic response to public concerns and safeguard the lawful rights and interests of rights holders and the public. At the press conference, according to He Yuefeng, Deputy Director General of the CNIPA's Legal Affairs Department, with respect to the standards for patent and trademark examination and trial, in the revised draft of the Patent Examination Guideline and the Trademark Examination and Adjudication Guideline, the CNIPA provided for the applicable conditions of abnormal patent applications and malicious trademark registrations and application not for the purpose of use, to effectively deal with the above-mentioned behavior. As an important legal basis for identifying and dealing with abnormal patent applications, the Regulations on Standardizing Patent Application, which was revised in 2017 and is now under further revision, will improve the examination and adjudication proceedings, make them more open and transparent, and treat abnormal patent applications more effectively.   Oriented legislation, powerful law enforcement: over the past decade, China has been intensifying the law enforcement protection of IPR. Wang Songlin, Deputy Director General of the Law Enforcement and Inspection Bureau of the China's State Administration for Market Regulation, said at the conference that products concerning the safety of people's health and property are alwasys on the radar of IPR law enforcement in China, and China has been stepping up law enforcement and regularly exposed typical cases of the kind. Data shows social satisfaction with law enforcement protection in China surged from 58.45 points at the beginning of the survey to 80.95 points in 2021, and nearly 90% of the respondents said the effects of administrative law enforcement and judicial protection had been further improved.   Over the past decade, CNIPA has built 60 IPR protection centers in 26 provinces (autonomous regions, municipalities) in China along with localities and relevant departments, providing "one-stop" services for elite industries of provinces (municipalities), including fast-tracked pre-examination, fast determination of rights and fast enforcement of rights. In the first half of this year, the IP protection centers nationwide completed some 16,000 cases of right enforcement, and received 64,000 cases of patent pre-examination, to effectively meet the needs of innovative enterprises, having gained high satisfaction level and maintained the upward momentum in the process.   Over the past decade, social satisfaction with IPR protection in 31 provinces (autonomous regions, municipalities) in China, has soared above 70 points and 80 points successively. To Zhang, China's efforts on IPR, the importance it has attached to IPR and the achievements it has made have gained more recognition from the society, which are re
CNIPA Hosts 14th Meeting of BRICS IP Heads
New
2022-09-30
  The 14th BRICS Heads of Intellectual Property Offices Meeting, hosted by the China National Intellectual Property Administration (CNIPA), was held online on September 15. CNIPA Commissioner Shen Changyu anchored the annual gathering that was attended by Cláudio Vilar Furtado, President of the National Institute of Intellectual Property (INPI) of Brazil, Yuri Zubov, Head of the Federal Service for Intellectual Property (Rospatent) of Russia, Unnat P Pandit, Controller General of Patents, Designs & Trade Marks, GI (CGPDTM-India), and Rory Voller, Commissioner of the Companies and Intellectual Property Commission (CIPC) of South Africa. World Intellectual Property Organization (WIPO) Director General Daren Tang conveyed his regards to the event via video while WIPO Deputy Director General Wang Binying and Assistant Director General Edward Kwakwa attended the meeting as special guests.   In his opening remarks, Shen praised the results achieved since the start of the BRICS IPR Cooperation. He said in the past 10 years since its establishment, the cooperation initiative has become an important platform for the BRICS members to seek mutually-beneficial development and tackle challenges in the IPR field, adding that it has become a key body representing emerging countries on the international IPR stage, and an important force bolstering international IPR cooperation. Shen quoted the 14th BRICS Summit Beijing Declaration."We support deepening IPR cooperation and promoting exchanges and mutual learning on IPR protection system, and look forward to more practical outcomes in such fields as patent, trademark, and industrial design." The text reflects the BRICS leaders' attention to and expectation of enhancing IP cooperation. The global IPR system and international cooperation offer both new opportunities and challenges. China is looking forward to deepening cooperation among the BRICS offices, taking opportunities together, facing challenges together to better promote innovation and achieve higher quality and more sustainable development. In the meantime, China is also expecting the BRICS offices to further enhance communication and cooperation with the WIPO and contribute the BRICS power to the construction of the global IP ecological system.   The meeting is fully implementing the requirements of the Beijing Declaration and advancing cooperation in patent, trademark and industrial design. The heads of the BRICS offices approved the updated Operational Guideline Framework for IP Cooperations among BRICS Countries, which gives clearer direction for the future cooperation among the BRICS offices, incorporates "IP supports the 2030 Agenda for Sustainable Development of the United Nations" into the objectives, adds digital technology, IP protection and management into future cooperation, and refines the cooperation mechanism.   The meeting reviewed work progress in eight fields of cooperation and approved a number of achievements including Report on Comparison Study of AI Review Rules in BRICS Offices, Report on Comparison Study of Appearance Design Graph Submission Requirements in BRICS Offices, and Comparison Manual of Trademark Application and Review Procedure in BRICS Offices, The BRICS offices and WIPO, for the first time, shared their experience on "IP assists the accomplishment of 2030 Agenda for Sustainable Development of the United Nations". All parties agreed that sharing wisdom on this topic carries great weight as it may help realize the 2030 Agenda for Sustainable Development of the United Nations, help BRICS exert greater influence on global IP governance. The meeting agreed to hold more in-depth discussions on this in the future.   Principal officials from relevant CNIPA departments also attended the meeting.
China, ASEAN IP Heads Enhance Cooperation at the 13th Gathering 2022-09-30
  The 13th China-ASEAN (Association of Southeast Asian Nations) Heads of IP Offices Meeting was held both online and offline on August 24. Shen Changyu, Commissioner of the China National Intellectual Property Administration (CNIPA), led the Chinese delegation to the meeting chaired by Rowel S. Barba, Director-General of the Intellectual Property Office of the Philippines and the Rotating Chairperson of the ASEAN Working Group on Intellectual Property Cooperation, and attended by the ASEAN Secretariat and heads of the IP offices of the ASEAN member states.   Shen said China & ASEAN partnership has maintained a robust momentum and laid a pragmatic, wide-range and efficient path. Taking full advantage of the China-ASEAN ties, the Belt and Road Initiative and other cooperation programs, the CNIPA and ASEAN IP offices have implemented the annual working plan, which covers efficient and pragmatic cooperation in IP capacity building, IP protection and use and protection of genetic resources, traditional knowledge and folklore, contributing to a dynamic IP regional cooperation environment, and benefiting the development of IP work of the countries in the region. He looks forward to executing IP's instrumental role in inspiring innovation and promoting opening-up, enhancing the symbiotic relationship, advocating users' easier access to each other's systems, and working toward the goal of mutual development.   Barba noted that promoting regional economic growth by using IP in the post-pandemic era is the common challenge for all. ASEAN member states and China shall move forward hand in hand, promote mutual understanding, and enhance mutual trust. The ASEAN IP Action Plan 2016-25 is running well. ASEAN member states are willing to work with China to develop IP cooperation in more sectors to promote regional economic growth.   Participants also shared their experience and practice in promoting mutual development in the region in the post-pandemic era, reviewed how 2021-22 China-ASEAN IP Cooperation Working Plan was implemented, discussed and passed the 2022-23 working plan.   The meeting was also attended by the principal officials of CNIPA's relevant departments.
Concrete Measures Uplifts IP Commercialization to New Heights 2022-09-30
  "Efficient transactions of IPRs fuel orderly circulation of innovative resources and elements as well as optimization of configurations while speeding up the release of innovative energy," Heng Fuguang, spokesperson and deputy director general of the China National Intellectual Property Administration (CNIPA) announced at a press conference on IPR commercialization and use in Beijing on August 24, "We are obviously seeing more dynamic IPR transactional activities on top of faster release of innovative energy. Financial packages serving IPRs inject capital to market players, lending robust support to their monetary needs. Benefits generated by IPR use also booms, exerting a more pronounced role in assisting quality development of economy."   Principals from the CNIPA's promotion of IPR use department, science/technology and information technology department of the Ministry of Education (MOE), science/technology department of the Ministry of Industry and Information Technology, laws and regulations department of the China Banking and Insurance Regulatory Commission (CBIRC) attended the press conference revealing the latest developments and achievements of IPR commercialization and use.   In 2021, patent assignment and licensing activities registered at 420,000, up 15% compared with the year before. The total import/export value of IPR royalties nationwide amounted to 378.3 billion yuan with the growth rate of export hitting 27.1%, 10.5 percentage points higher than that of import, painting a scenario "simultaneous growth of both export and import while export prevails".   According to Lei Xiaoyun, director general of the CNIPA's promotion of IPR use department, the CNIPA has been building an IPR operation system by endorsing establishment of 33 IPR operations platforms (centers), which brings together IPR buyers and sellers, and provide support for deals and transactions. The CNIPA also partnered with the Ministry of Finance (MOF) in building operations platforms, rearing institutes, allocating funds and executing programs in key cities.   Lei also brought attention to some specific programs done by the CNIPA, such as refinement of the IPR evaluation system, design of a national standard for patent evaluation, continued publication of statistics on patent royalty rates of recorded licensing agreements and formation of a system detecting prices of IPR deals. The CNIPA also joined hands with the MOF to implement a special program on patent commercialization while demanding local administrations to bond patent open-licensing pilot programs with patent commercialization programs and to integrate with IPR operations of universities and enterprises.   Even when IPR transactions are generally very dynamic in China, patent commercialization at universities and research institutes still stands out with their rapid growth. Statistics show patent assignment and licensing activities hit 27,000 last year, up 33.4% - a rate head and shoulders above the averages of all other types of innovators. Some 30% of the patents in question fall into strategic emerging sectors, becoming "the source of running water" for commercialization of high-value patents.   Lei Chaozi, director general of the MOE's science/technology and information technology department said his ministry has invoked two tools to accelerate transformation of universities' scientific and technological findings to real-world productivity, namely "upgrading quality of research findings" and "strengthening policy incentives". Regarding "upgrading quality of research findings", the MOE stresses whether the findings have catered the needs of industry and enterprise production and solved the outstanding problems bothering enterprises. Regarding "strengthening policy incentives", most universities have raised their compensation percentage to 70% while some even adopt an over 90% rate.   "Although the economy softened in the first half of the year, financing through pledging patents and trademarks as collaterals amounted to 162.65 billion yuan, up 51.5% compared with the same period of the last year. Among all projects, the number of generalized preferential projects with loan cap under 10 million yuan reached 7,345, up 112% and effectively easing the financial worries of a raft of SMEs," Heng said measures like financing through pledging IPRs, operations funds, securitization effectively provides capital security for market players, giving its share of contributions to the central government's objectives in achieving social security.   Financing through pledging patents and trademarks as collaterals amounted to 309.8 billion yuan in 2021 while scoring a 40%+ growth for the second consecutive year. What is behind the feat is constant optimization and upgrade of the relevant service system and capacity. Li Hanyang, director general of the CBIRC's laws and regulations department said its satellite offices issued support policies with relevant agencies on financin
Growing patents show better IPR protection 2022-09-15
  China's increasingly strong protection of intellectual property rights over the past decade has attracted more foreign enterprises to do business in the country, contributing greatly to opening-up, an IPR regulator said.   “In the past 10 years, we've strengthened efforts in protecting IPR nationwide, and we've always given equal protection to every enterprise, no matter whether it is Chinese-funded or foreign-funded," spokesman for the China National Intellectual Property Administration said at a news conference recently.   Last year, the number of invention patents applied for by foreign entities and authorized by Chinese IPR administrations saw a 23-percent increase year-on-year, while trademarks registered by foreign entities also increased by 5 percent compared with that in 2020.   The figures fully demonstrate that our IPR protection environment has been approved by those foreign entities.   Since the 18th National Congress of the Communist Party of China in 2012, government agencies, including the administration, have attached great importance to IPR-related affairs, with various measures taken in IPR protection.   The awarding of punitive damages to those who have their IPR infringed upon has been highlighted in the country's Civil Code, a fundamental law for regulating civil activities, and punishments for IPR violators have been increased in the revised Criminal Law.   A few laws focusing on IPR, such as the Patent Law, the Trademark Law and the Copyright Law, have also been amended in recent years.   These moves mean our country has been strongly protecting innovators and deterring violators through legislation.   In the past decade, the State Administration for Market Regulation has intensified supervision of IPR violations, organizing its branches nationwide to strictly inspect infringements involving trademarks, patents and geographical indications.   Last year, the branches dealt with more than 50,000 cases regarding trademark or patent infringements, "which contributed a lot to protecting the legitimate rights of IPR owners and building a better innovation environment", said Wang Songlin, an official responsible for IPR inspection from the administration.   Considering counterfeit goods are more frequently discovered online, he said the administration will increase inspection in cyberspace and coordinate with more stakeholders to combat IPR infringements.   "We'll provide more training for our workers to improve their professionalism and quality in handling cases," he added.
CNIPA's Newly-Vested Adjudication Power Over Patent Infringement Disputes Presents Welcomed Options to Patentees 2022-09-15
  "The CNIPA's (China National Intellectual Property Administration) first batch of patent enforcement rulings shows it's more than capable of handling technical cases," the UK-based Managing IP magazine leads with this sentence in an article of its August edition.   The article highlights some of the impacts on the IP community made by this new mission of the CNIPA. One of them is "The latest rulings also show the CNIPA won't shy away from industry issues. For example, the office settled a longstanding problem in the drug patent litigation space."   Since the CNIPA started hearing patent disputes with a significant nationwide effect on June 1, 2021, it has concluded the first batch of patent infringement cases within four months (not inclusive of staying time). "These rulings epitomize the efficiency of patent administrative protection, presenting fresh options for patentees and the general public to enforce their lawful right and stop infringement in a timely fashion," says Zhang Zhicheng, director general of CNIPA's IP protection department.   The amended Chinese Patent Law came into effect on June 1, 2021. The newly-added Article 70.1 provides that the patent administrative department of the State Council may handle patent infringement disputes that have a significant nationwide impact at the request of the patentee or interested party, vesting a centralized power of handling major patent infringement disputes to CNIPA from the legislative level.   "Our office took execution of this authority very seriously and immediately formulated relevant norms and protocols with an aim to make full play of the quickness of administrative adjudication and our technical strength and eventually defend the right and interest of patentees in a timely manner, " says Zhang.   One of the major norm-setting tasks is drafting and implementation of the Measures for Administrative Adjudication of Major Patent Infringement Disputes. Even back during the days of the amendment of the patent law, the CNIPA researched intensively on building a specific system of trying patent infringement dispute while taking into account of previous experiences of local IP administrations. The Measures was then shaped and became effective on June 1, 2021.   Recently, the CNIPA handed out decision on two cases, both involving infringement of patent No.ZL201510299950.3, owned by the Germany-based Boehringer-Ingelheim. After deliberating on whether the cases were admissible as major patent disputes, whether the pharmaceuticals in question listed on the internet in multiple provinces (autonomous regions and/or municipalities) fell into on offer for sale or exception to infringement prescribed in the patent law, and some other central issues, CNIPA made a ruling within the required time limit.   "The trials of the first batch of cases brought attention to difficult problems in IP protection, wasted no time in making decisions that awarded remedies similar to injunctions. The CNIPA's technical background played no small part in accomplishing all these. It is safe to say the real efficiency shown by our administrative protection has made us popular universally," says Zhang.   Administrative adjudication of patent infringement disputes, as one of the major ways in patent administration protection, has been proven to be efficient, cheap and transparent in procedures. The resolution of these cases tests our established system and in return, gives fresh "samples" for refining the system.   According to Zhang, these case may have set templates in many aspects of hearing major patent disputes, like opening a case, oral hearing procedure, conditions for staying cases, enforcement and disclosure, which will certainly have a strong bearing on future trials of similar cases.   The high efficiency of trial and transparent procedure impresses the patentees involved. "At any stage of the trial, whether case-opening or hearing, the adjudicators emanated technical prowess and efficiency. The verdict orders the infringers to cease all infringing acts immediately, effective nationwide, which shows the meaningful strength of administrative rulings, defends us patentees' lawful right and regulates the market order." comments a Boehringer-Ingelheim executive.   "In our planned next steps, with attention, precision and pursuit of excellence, we will resolve a series of cases that may become typical examples and spark interest, which will consequently deter infringing acts. In parallel, we have to upgrade our own skills in trying these cases, advocating the establishment of a system that brings technical investigation officers into play, improving checking and verification systems and ramping up technical support for trying these cases," at the end of the interview, Zhang looks into the future. "China will weave a tighter and sturdier IP protection network, advance inter-agency coordination, uphold a market order of fair competition and secure a climate for innovat
China sets new targets for high-value patents in ambitious five-year plan 2022-09-05
  According to the WIPO Statistics Database, in 2020, the China National Intellectual Property Administration (CNIPA) received 1.5 million patent applications, accounting for 45.7% of the world’s total filings. From a quantity perspective, China has become the top filer of patent applications in the world. However, it is clear that this is merely a stepping stone, with new targets for high-value invention patents being part of the latest five-year plan for the period from 2021 to 2025.   The CNIPA considers the following invention types as high-value: A patent in the strategic emerging industries; A patent with overseas patent family member(s); A patent maintained for more than 10 years after grant; A patent that realises a higher amount of pledge financing; or A patent that wins State Science and Technology Awards or the China Patent Awards.   China’ five-year plans have been known for their importance to the nation’s economic growth, development, corporate finance, and industrial policies. In the most recent plan (2021 to 2025), China has defined a new indicator as one of the main 20, highlighting the number of high-value invention patents per 10,000 population as 12.   The number of high-value invention patents is considered to be an objective measure of its innovation performance and its position in global innovation competition. By 2025, it is expected that the number of high-value invention patents per 10,000 people in China will reach 12, which would improve the nation’s innovation performance, hopefully providing powerful support for economic development.   China Patent Awards   Ever since The China Patent Award’s debut in 1989, the award has become the most prestigious and highest award available in the field of patents in China. Winners of the awards are selected in different categories to celebrate innovation across various industries and technologies. Up for grabs are patent awards including 30 Gold Awards, 60 Silver Awards and a number of Excellence Awards, as well as 10 Gold Awards, 15 Silver Awards and numerous Excellence Awards for registered design owners.   According to the CNIPA, during the 13th five-year plan (covering the period of 2016 to 2020), 130 Gold Awards were awarded, and the inventions covered by those awards created sales accounting for more than 1 trillion RMB. Nowadays, the awards are becoming more valuable and competitive, as the winners’ inventions automatically become considered high-value invention patents.   Faster but stricter patent examination in China   On 21 March 2022, the CNIPA also released the ‘Annual Guidelines for Facilitating High-Quality Development of Intellectual Property 2022’. The target for the examination period of an invention patent application has been reduced to 16.5 months, three months less than that for 2021. The target set for an evaluation of a high-value invention patent application has been reduced further to 13.8 months. CNIPA has clearly already taken into consideration its new indicator when examining patents and it is expected for their examination to be more efficient and timelier than that of standard applications.   In practice, however, the reduced examination period may put more pressure on the examiners’ shoulders to make a rushed decision on whether to grant or reject an application. Therefore, the patent applicants may be given fewer opportunities to defend the applications to avoid rejections in the examination process, and instead might have to further pursue the invention in a less ideal re-examination process, with the unintended consequence of reducing patent quality.   With the latest five-year plan underway, businesses in China are already adjusting. The introduction of the new indicator may promote high-value patent filings; however, the new stricter examination process might pose a hurdle to this goal. As per the definition of ‘high-value’ patents, Chinese companies have become keener to build patent portfolios abroad both to establish a foundation for maximising competitiveness as well as eligibility to the ‘high-value’ label. With that in mind, many businesses have resorted to reaching out to patent attorneys, who are able to guarantee the highest chance of ensuring grant of a patent both locally and abroad.
Supreme People’s Court Upholds China’s First Patent Linkage Ruling 2022-09-05
  On August 28, 2022, the first patent linkage decision from the Supreme People’s Court (SPC) was published. The SPC upheld the Beijing IP Court ruling that Wenzhou Haihe Pharmaceutical Co., Ltd.’s application for marketing authorization for a generic form of “Aidecalcidol Soft Capsule” did not fall within scope of protection of the relevant patent. China’s patent linkage system prevents marketing authorization for a generic prior to the expiration of the patent term on the branded equivalent unless the Beijing IP Court or the China National Intellectual Property Administration (CNIPA) rules that the generic does not fall within the scope of the relevant patent rights or is invalid.   On November 10, 2021, the Beijing IP Court announced that the plaintiff of the case, Chugai Pharmaceutical Co., Ltd., a subsidiary of Roche, claimed that it was the patentee as well as the holder of the marketing license for the patented drug “Aidecalcidol Soft Capsule”, and the patent involved in the drug was CN 2005800098777.6 entitled “ED-71 preparation.” The plaintiff discovered that the defendant Wenzhou Haihe Pharmaceutical Co., Ltd. had applied to the National Medical Products Administration (NMPA) for a generic drug marketing license application named “Aidecalcidol Soft Capsule”. The public information on the Chinese listed drug patent information registration platform showed that the defendant had made a 4.2 category statement regarding the generic drug (the generic drugs do not fall into the scope of protection of the related patents). Therefore, the plaintiff filed a drug patent linkage lawsuit with the Beijing Intellectual Property Court in accordance with the provisions of Article 76 of the Amended Patent Law, requesting the court to confirm that the generic drug “Aidecalcidol Soft Capsule” that the defendant applied for registration fell into the scope the rights of Patent No. 2005800098777.6 enjoyed by the plaintiff.   The Beijing IP Court held:   The technical solution used by the generic drug involved is neither the same nor equivalent to the technical solution of claim 1 of the involved patent, so the technical solution does not fall within the protection scope of claim 1 of the involved patent. Since claims 2-6 are dependent claims of claim 1, if the technical solution of the generic drug involved does not fall within the protection scope of claim 1, it also does not fall within the protection scope of claims 2-6. Accordingly, the plaintiff’s claim that the involved generic drug falls within the protection scope of claims 1-6 of the involved patent cannot be established, and the court will not support it.   In the decision, the Supreme People’s Court stated there were two key points:   1. In the process of drug marketing review and approval, disputes arising from the patent rights related to the drug to be registered between the drug marketing license applicant and the relevant patentee or interested parties are only one type of the related patent rights between the two parties--often referred to as drug patent link disputes. For chemical generic drugs, the drug regulatory department of the State Council conducts drug marketing review and approval based on the application materials of the generic drug applicant, and decides whether to suspend the approval of the relevant drugs according to the effective judgment made by the people’s court [or the China National Intellectual Property Administration] on such disputes within the prescribed time limit. Therefore, when judging whether the technical solution of a generic drug falls within the scope of patent protection, in principle, it should be compared and judged on the basis of the application materials of the generic drug applicant. If the technical solution actually implemented by the generic drug applicant is inconsistent with the declared technical solution, it shall bear legal responsibility in accordance with the relevant laws and regulations on drug supervision and administration; if the patentee or interested party believes that the technical solution actually implemented by the generic drug applicant constitutes infringement, a separate lawsuit for patent infringement may also be filed. Therefore, whether the technical solution actually implemented by a generic drug applicant is the same as the application materials is generally not within the scope of examination to confirm that the dispute falls within the scope of patent protection.   2. The court of second instance held that both the donation [to the public] rule and the estoppel rule can constitute a restriction on the application of the principle of equivalence, both of which aim to achieve a reasonable balance between equitably protecting the interests of the patentee and safeguarding the interests of the public. If the conditions for limiting the application of the principle of equivalence are met, there is usually no need to judge whether the two features constitute similar means, funct
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Beijing Law Intellectual Property Agency Co., Ltd.

Copyright: Beijing Law Intellectual Property Agency Co., Ltd.          Powered by www.300.cn         京ICP备09099344号-1

Beijing Law Intellectual Property Agency Co., Ltd.

Copyright: Beijing Law Intellectual Property Agency Co., Ltd.          Powered by www.300.cn​         京ICP备09099344号-1