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Advantageous Effect of “Improved User Experience” in Inventiveness Determination
2024-12-04
Wenhui ZHANG Chinese Patent Attorney I. Introduction Article 22.3 of the Chinese Patent Law prescribes that: inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable
On Strategy for Overcoming Novelty Rejection according to Principle of Novelty Presumption
2024-10-31
Lili SUN Chinese Patent Attorney Regarding the examination on novelty of a product claim including a feature of performance or parameters, the Guidelines for Patent Examination provides the following principle: The examiner shall consider w
Invalidation Approaches and Specification Crafting Concerning “Parameter Features”
2024-10-24
Zhifeng MA Chinese Patent Attorney Linda Liu Partners Yu YAN Attorney-at-law Chinese Patent Attorney Beijing Wei Chixue Law Firm Limitation by parameter features is a love-hate claim drafting approach. Its highly praised by applicant/patent
On Efficiency of China’s Drug-Related Patent Term Compensation System Based on “Effective protection period”
2024-06-26
Yan WANG Chinese Patent Attorney Chinese Attorney at Law Chinas state council issued State Council Degree No. 769 on December 21, 2023, to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as th
Examples of Patents for Computer – Aided Diagnostic Methods
2024-05-13
Xianhua SHEN Chinese Patent Attorney Chinese Attorney at Law The latest version of the CNIPAs Guidelines for Patent Examination (hereinafter referred to as the latest Guidelines) came into force as of January 20, 2024. In comparison with th
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
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