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Chinese Patent Law: A Practical Guide


ISBN13: 9789403532639
Published: July 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £131.00



Despatched in 10 to 12 days.

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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.

Subjects:
Intellectual Property Law, Other Jurisdictions , China
Contents:
CHAPTER 1. Assertion of a Claim: Systematic Introduction to Chinese Patent Law and Rules and Patent Infringement Litigations
Wang Rong & Ge Xiaomei
CHAPTER 2. Application of the Rule “Ruling to Dismiss the Action and Initiating a Separate Action”: A Report Series on Law Interpretation and Case Study Related to Patent Infringement
Zhang Qiulin & Ge Xiaomei
CHAPTER 3. Ruling to Suspend the Action for Obvious Violation of Article 26.3 and Article 26.4: A Report Series on Law Interpretation and Case Study Related to Patent Infringement
Zhang Qiulin & Ge Xiaomei
CHAPTER 4. Eclectic Interpretation Principle
He Yibo & Ge Xiaomei
CHAPTER 5. Principle of Internal Interpretation Priority
He Yibo & Ge Xiaomei
CHAPTER 6. The Principle That All Features Have the Defining Effect
Zhang Junjie & Ge Xiaomei
CHAPTER 7. Correction of Ambiguity in the Claims in Accordance With a Unique Understanding: Report on Law Interpretation and Case Study Related to Patent Infringement
Zhang Qiulin & Ge Xiaomei
CHAPTER 8. The Interpretation Function of Files: A Report Series on Law Interpretation and Case Study Related to Patent Infringement
Dang Li & Ge Xiaomei
CHAPTER 9. Interpretation on Claims Defined by Preparation Methods: A Report Series on Law Interpretation and Case Study Related to Patent Infringement
Dang Li & Ge Xiaomei
CHAPTER 10. Limitation by Numerical Features: A Report on Law Interpretation and Case Study Related to Patent Infringement
Dang Li & Ge Xiaomei
CHAPTER 11. A Defining Effect of a Sequence of Steps of a Process Claim
Zhang Junjie & Ge Xiaomei
CHAPTER 12. Interpretation of a Close-Ended Claim for a Composition
He Yibo & Gu Runfeng
CHAPTER 13. Determination of Functional Features
Lu Weiting & Ge Xiaomei
CHAPTER 14. Definitive Effect of the Usage Environment Features
Zhang Junjie & Ge Xiaomei
CHAPTER 15. Application of the “All Elements Rule”
Wang Meng & Ge Xiaomei
CHAPTER 16. Doctrine of Equivalents
He Yibo & Ge Xiaomei
CHAPTER 17. Dedication Rule
Zhang Junjie & Ge Xiaomei
CHAPTER 18. The Application of Prosecution History Estoppel
Zhang Qiulin & Sun Changlong