| Description |
1 online resource (219 pages) : illustrations |
| Contents |
Assertion of a claim : systematic introduction to Chinese patent law and rules and patent infringement litigations / Wang Rong & Ge Xiaomei -- 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 -- 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 -- Eclectic interpretation principle / He Yibo & Ge Xiaomei -- Principle of internal interpretation priority / He Yibo & Ge Xiaomei -- The principle that all features have the defining effect / Zhang Junjie & Ge Xiaomei -- 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 -- The interpretation function of files : a report series on law interpretation and case study related to patent infringement / Dang Li & Ge Xiaomei -- Interpretation on claims defined by preparation methods : a report series on law interpretation and case study related to patent infringement / Dang Li & Ge Xiaomei -- Limitation by numerical features : a report on law interpretation and case study related to patent infringement / Dang Li & Ge Xiaomei -- A defining effect of a sequence of steps of a process claim / Zhang Junjie & Ge Xiaomei -- Interpretation of a close-ended claim for a composition / He Yibo & Gu Runfeng -- Determination of functional features / Lu Weiting & Ge Xiaomei -- Definitive effect of the usage environment features / Zhang Junjie & Ge Xiaomei -- Application of the "All Elements Rule" / Wang Meng & Ge Xiaomei -- Doctrine of equivalents / He Yibo & Ge Xiaomei -- Dedication rule / Zhang Junjie & Ge Xiaomei -- The application of prosecution history estoppel / Zhang Qiulin & Sun Changlong |
| Summary |
"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"-- Provided by the publisher |
| Bibliography |
Includes bibliographical references |
| Notes |
Description based on online resource; title from digital title page (viewed on December 16, 2022) |
| Subject |
Patent laws and legislation -- China
|
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Patent laws and legislation
|
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China
|
| Form |
Electronic book
|
| Author |
Li, Yongbo, editor.
|
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Kong, Fanwen, editor.
|
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Yang, Yang (Antitrust lawyer), editor
|
| ISBN |
9789403532646 |
|
9403532645 |
|
9789403532653 |
|
9403532653 |
|
