In China, the principle of whoever asserts must prove places the main burden of proof on the plaintiff in civil litigation, particularly in patent infringement cases. Therefore, if a right holder intends to file a lawsuit, it becomes crucial to submit com

I. Introduction On January 1, 2019, the Intellectual Property Tribunal of the Supreme People's Court of China was officially established to handle nationwide appeals of patent and other technology-related intellectual property and antitrust cases. With th

When facing patent infringement, the right holder typically consider filing an infringement lawsuit to stop the infringement and claim compensation. To do so, the right holder need to collect evidence related to the infringement and the damages caused by

In recent years, with the increasing emphasis on intellectual property protection, the number of patent infringement disputes has been on the rise. One issue that has always been a concern for all parties involved is the determination of compensation amou

Patent holders have the right to indicate patent information on their patented products or the packaging of the patented products. The patent marking also highlights to the public the relationship between the marked product and the patent, the rights of p

Both-filing, or dual filing, is a unique strategy in the Chinese patent system, through which an applicant can pursue patent protection for their technical schemes related to products via two types of applications, invention and utility model patent appli

Inventiveness is a necessary condition for the grant of a patent right. Chinese examiners usually make an assessment on inventiveness using a three-step method: first, they determine the closest prior art. They then determine the distinguishing features o

The China National Intellectual Property Administrations latest amended Patent Examination Guide was implemented on 15 January 2021. This chapter reviews the amendments to Section 5.1 of Chapter 10, Part II of the guide regarding determining the novelty o

Legitimate source defence is a common tactic employed by the party accused of patent infringement. According to statistics, the legitimate source defence is the most frequent defence in all of the patent-related civil lawsuits tried by the Intellectual Pr

For an innovative enterprise, continuously launching new products is an important way to get a return on their prior investment in research and development. To continuously develop and market new products and get profits therefrom, and also to reduce rese