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Chinese Patent Law: A Practical Guide by YANG

Chinese Patent Law: A Practical Guide

Edited by Yongbo Li, Fanwen Kong, Yang Yang,
By Chen Shasha, Dang Li, Ge Xiaomei, Gu Runfeng, He Yibo, Lu Weiting, Sun Changlong, Wang Meng, Wang Rong, Zhang Junjie, Zhang Liang (William), Zhang Qiulin
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Overview

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.

 

Publish Date 07/14/2021
Product Line Kluwer Law International
ISBN 9789403532639
SKU 10089743-0001
Table of Contents

Editors

Contributors

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

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