At the 10th China Intellectual Property New Year Forum and the 2020 China Intellectual Property Managers Annual Meeting held in January 2020, the Patent and Trademark Law Office of the China Council for the Promotion of International Trade was successfully selected as the “2019 China Outstanding Intellectual Property Service Team”. It has been successively awarded the Outstanding Intellectual Property Service Team several times.
If a certain technical feature of a claim of a patent has defined or implied a specific structure, component, procedures, conditions or the mutual relationship thereof, it is not a functional feature.
Regarding the comparison of invention patent infringement of computer software, the same technical effect is not equal to the same as the entire technical solution.
To determine whether a technical feature is a functional technical feature, it should not only be understood from the literal meaning of the technical feature of the claim
This case launched a specific analysis combining the traditional civil law on the act of offer invitation and the definition of the patent law on the act of promising to sell.
As the service inventor of the patent involved, the plaintiff, in this case, has the right to claim remuneration from the patentee after the implementation of the patent
When considering whether there is reverse technical teaching in existing technology, it should be based on the knowledge level and cognitive ability of those skilled in the art to analyze.
When determining the technical problems actually solved by the invention in the process of inventiveness judgment, the technical problems should be properly summarized.
If the infringer only submits part of the evidence required by the order for evidence submission without justified reasons, the actual profit cannot be ascertained, which constitutes obstacle to proof
It is clarified that if the right holder still insists on claiming rights based on the invalidated claim, the court of the first instance may rule to dismiss the prosecution.
In this case, CNIPA's appeal claims raised the issue of whether this application discloses the preparation of water-soluble heavy chain-only antibody and whether there are data support & verification
The comparison and analysis of similar solutions will often involve their own subjective guesses, resulting in deviations, which may appear to be right but actually or to the contrary
China's current number of patent applications has leapt to the first place in the world, becoming a veritable patent giant, and is striding forward to a patent power.
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