Chinese Patent Law

Numerous non-Chinese entities seek patents in China, and allegations of infringement are not uncommon. 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 wide experience in advising foreign clients—bring their experience in real-world patent litigation, reinforced with an abundance of relevant case law, in order to introduce the Chinese patent regime in a systematic and practical manner.

In their thorough analysis of the scope of protection of patent rights 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:

• assertion of a claim;
• choosing the basis of the right to sue;
• publicity of claims;    
• principle of internal interpretation priority;
• correction of ambiguity in a claim;
• interpretation of claims defined by preparation methods;
• defining the effect of a sequence of steps of a process claim;
• meaning of “persons of ordinary skill in the art”; 
• concept of “means plus function”;
• application of the All Elements Rule;
• determination of functional features; and
• doctrine of equivalents.

Each doctrine and the underlying principle is thoroughly examined with reference to relevant court decisions.

With this eminently practical and authoritative guide, corporate counsel and patent lawyers will 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 full awareness of applicable principles and procedures.