New implementing rules for the PRC Patent Law will have a significant impact on foreign companies' China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant
New implementing rules for the PRC Patent Law will have a significant impact on foreign companies' China IP strategies. Issues relating to security review procedures and first-filing have been clarified, but penalties are tougher and uncertainties remain abundant
The Interpretation gives further insight on the scope of protection of invention and utility model patents and the determination of infringement thereof, determination on an infringement of a design patent, defence on the ground of prior art or prior use, and confirmation of non-infringement.
China's highest court has published a judicial interpretation of the PRC Patent Law which gives significant guidance on many issues facing foreign rights owners