The Latest Amendments to the Guidelines for Patent Examination
The latest revision of Chinese Guidelines for Patent Examination (2010) has been implemented since April 1, 2017, in which provisions of experimental data submitted after filing date were amended regarding to the sufficient disclosure of an invention in a description in the field of chemistry.
Liability of a market operator in torts of its merchants
1. Brief of the case1 LOCK&LOCK owns a design patent titled "Folding Storage Box (U-zipper-window)". LOCK&LOCK has authorized Beijing LOCK&LOCK Trade Co., Ltd. (hereafter, B
SKYVENTURE LLC won the rights to the trademark SKYVENTURE
China has become an increasingly important market for brands around the world. The issue of "trademark squatters", where a company or individual registers a company's trademark in a country before that company is ready to expand into the market, is
Motivation and Lack of Motivation (Tentative Examination of Interaction between Closest Prior Art and Distinguishing Technical Feature)
I. Raising of the issue By "motivation" is meant a function of one natural element to motivate or promote the growth of another; and by "lack of motivation" is meant a function of one such element to restrain or restrict another.
Determination of Disclosure and Technical Motivation in the Sense of Patent Law
Determination that a reference has disclosed the technical feature of a claim or given technical motivation of the technical solution defined by the claim requires not only that the reference contains the relevant technical features, but also that the relevant technical feature performs the same function in the reference as that of the disclosed technical feature in the claim.
Value Consideration In Claim Construction In View of Patent Right Affirmation Procedure
In patent right affirmation procedure, when the technical features of a claim literally have many meanings and it is possibly necessary to construe or interpret them as specific embodiments of the description, the identical and different points of these meanings should be examined or reviewed. If the different points are the common technical means in the art or the description does not disclose the contents of inventiveness in the process of the technical improvements of the identical points and the specific embodiments of the description, then it is undue to construe the claims as the specific embodiments of the description.
Scrutiny of Examination of Means-plus-function Claims
The aim of the patent system is to exchange disclosure for monopoly. Monopoly entails disclosure. The "right" a rightholder is granted within the patent system is defined by the disclosure contained in the description, and what the rightholder "claims" is determined by the terms of the claims.