Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. Patent rights are different from general civil rights. They are based on administrative authorization, and the scope of protection is subject to the content of the claims recorded in the patent documents. In this invaluable guide to Chinese patent law and the rules applicable to infringement challenges, the authors—all members of a leading Chinese law firm with vast experience in advising foreign clients—bring their expertise in real-world patent litigation, reinforced with an abundance of relevant court decisions to introduce the Chinese patent regime in a systematic and practical manner.
What’s in this book:
In their thorough analysis of the scope of protection of patent rights in infringement cases and invalidation procedures, supported throughout by detailed examination of patent infringement lawsuits, the authors clarify such essential elements of Chinese patent law practice as the following:
Part 1: Choosing the basis of the right to sue
- Assertion of a Patent Claim;
- Ruling to Dismiss the Action and Initiating a Separate Action;
- Ruling to Suspend the Action for Obvious Violation.
Part 2: Principles of interpretation of claims
- Principle of Eclectic Interpretation;
- Principle of Internal Interpretation Priority;
- Principle That All Features Have the Defining Effect;
- Correction of Ambiguity in a Claim;
- The Interpretation Function of Historical Files;
- Interpretation on Claims Defined by Preparation Methods;
- Interpretation on Claims Limited by Numerical Features;
- A Defining Effect of a Sequence of Steps of a Process Claim;
- Interpretation of a Close-Ended Claim for a Composition;
- Determination of Functional Features;
- Definitive Effect of the Usage Environment Features.
Part 3: Infringement determination of patent for invention and utility model
- Application of the All Elements Rule;
- Doctrine of Equivalents;
- Dedication Rule;
- Prosecution History Estoppel.
How this will help you:
This eminent practical and authoritative guide will be of immeasurable value to corporate counsel and patent lawyers to proceed confidently through the Chinese patent application system, assess risks and opportunities, understand how precedents might affect their case, protect their rights in China once they have a patent, and handle infringement proceedings with complete awareness of applicable principles and procedures.
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