For patent disputes arising from drug registration applications filed after the implementation of the Patent Law but before the implementation of the Implementation Measures for the Mechanism for Early Settlement of Drug Patent Disputes, the parties conce

Even when a PCT applications legal effect has terminated in all PCT members including China, a party claiming to enjoy the patent application right still has litigation interests to initiate an ownership dispute against the published PCT applicant, and th

The Supreme Peoples Court concluded a utility model patent infringement dispute concerning the determination of the retroactive effect of a patent invalidation decision (declaring the patent invalid) on prior effective infringement judgments, where multip

In disputes over patent application rights or patent ownership, even if the inventors recorded in the patent or patent application documents were not directly responsible for the research and development of the relevant technology at their former employer

Where an alleged infringer engages in dishonest conduct in legal proceedings, such as making false statements, such behavior may be taken into consideration by the Peoples Court when determining the amount of the rights holder's reasonable enforcement exp

The Supreme People's Court ruled on an appeal case involving a Notification that Divisional Application Deemed Not to Have Been Filed and an administrative reconsideration, in which the Court clearly identified the examination subject in administrative re

The objective of patent infringement damages is to restore the patentee, as much as possible, to the position they would have been in had the infringement not occurred, thereby maintaining incentives for innovation. For products that are not publicly sold

For some time, there has been an increasing number of patent invalidation administrative procedures being suspended due to property preservation measures taken against patent rights, adversely affecting the adjudication and rulings in related patent infri

The Supreme People's Court stated in a utility model patent infringement dispute that: The scope of patent protection should correspond to the technical contribution and level of innovation. The patent examination records serve as an important evidence fo

Where an invalidation petitioner solely asserted that a disputed patent lacked novelty and therefore also lacked inventiveness, without advancing any additional specific grounds for lack of inventiveness, and the patent administrative authority neither in