Claim OwnershipLinda Liu & Partners
Subscribed: 0Played: 5
Subscribe
© Copyright @荔枝FM www.lizhi.fm
Description
Welcom to Linda Liu & Partners on Air！
Contents：IP Practice in China
Follow me so you won’t miss the next episode.
Please leave a comment if you have any suggestions, thoughts or insights.
CONTACT US:
Email: office@lindapatent.com
Contents：IP Practice in China
Follow me so you won’t miss the next episode.
Please leave a comment if you have any suggestions, thoughts or insights.
CONTACT US:
Email: office@lindapatent.com
60 Episodes
Reverse
China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.
When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.
As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People’s Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.
How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.
Comments
Download from Google Play
Download from App Store
United States