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Brief Analysis of Comparison Involving Functional Features in Infringement Evaluation
2024-04-09
Tao CHEN Wenhui ZHANG Chinese Patent Attorney I. Foreword The scope of protection of a patent is defined by the contents of the claims which recite the technical features of the invention or utility model, including the constituent elements
Limiting Effect of Subject Matter on Scope of Protection
2023-12-26
Chengsheng GUO Chinese Patent Attorney The subject matter is a dispensable part of a claim and plays an important role as the preamble of the claim. Following the omnidirectional coverage principle, in the determination of the scope of prot
Criteria of Inventiveness Determination for AI-related Patents
2023-12-26
Feng LU Chinese Patent Attorney I. Introduction As the digital era commences, artificial intelligence is in widely applied to various fields including home furnishing, manufacture, finance, medical care, security, transportation, retail, ed
Prosecution History Estoppel
2023-05-29
Xin SHEN Chengsheng GUO Chinese Patent Attorney I Legal Basis In order to balance the interest of the patentee and the interest of the social public, the patent system provides the doctrine of estoppel to prevent the patentee from presentin
On Drafting of Patent Application with Parameter-defined Product Claims
2022-06-28
Yuning WANG Chinese Patent Attorney In a patent application, out of the purposes such as to distinguish the claimed product from a prior product and/or to strive for a reasonable scope of protection, the applicant may use parameter-defined
Brief Discussion on Impacts of Amendments to Guidelines for Patent Examination on Supplementary Experimental Data and Inv
2022-02-15
He LIU Chinese patent attorney Chemistry Biotechnology Department Linda Liu Partners On December 14, 2020, the China National Intellectual Property Administration released Announcement about Amendments to the Guidelines for Patent Examinati
COPING STRATEGIES FOR TECHNICAL FEATURES IDENTIFIED AS “COMMON KNOWLEDGE” IN NOTIFICATIONS OF OFFICE ACTION
2022-02-15
Chunqiao WANG Patent Attorney Machinery Department Linda Liu Partners During substantive examination of an application for patent in China, it is nothing new that an examiner identifies some technical features in a claim as common knowledge
Brief Analysis on the Amendment to “Obvious Errors”
2022-02-16
Yinhuan BAI(Ms.) Chinese patent attorney Mechanical Engineering Department Linda Liu Partners Imagineascenarioin which an obvious error was unexpectedly found, after carefully polishing the application documents for weeks or even months. It
Difference in the criteria for determining priority right and novelty Using a judicial case as an example
2022-02-16
Meng YU Chinese patent attorney Chemistry Biotechnology Department Linda Liu Partners It is common to determine novelty in practice. However, there are only a few cases where there is a need to determine whether the claim to priority right
Discussion on Drafting of Patent Applications Involving Algorithms of Artificial Intelligence from the Perspective of Sub
2022-02-16
Wendy ZHANG Chinese patent attorney Electrical Engineering Department Linda Liu Partners The CNIPA issued the latest amended Guidelines for Patent Examination on December 31, 2019 which was to take effect as of February 1, 2020. In the amen
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