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Tag Archives: PRB

Invalidation of Chinese patent based on a finding of lack of domestic priority

Recently, the Chinese Patent Reexamination Board (PRB) published a written decision where patentee Chen He’s Electric Unicycle patent (CN102275621B) was invalidated based, partly, on a failure to establish sufficient domestic priority. The case is significant because of: a) its consideration of whether the patent can be invalidated due to not applying for a foreign filing

China: Are you up-to-date on SPC draft guidelines on patent examination and administrative cases concerning patent rights?

China’s Supreme People’s Court (SPC) recently circulated its Draft “Provisions on Several Issues concerning the Adjudication of Administrative Cases on Granting and Affirming Patent Rights (I)” (最高人民法院关于审理专利授权确权行政案件若干问题的规定(一)). This Draft aims to address issues concerning administrative court adjudication and Patent Review Board (“PRB”) decisions regarding both patent examination and patent validity. The Provisions apply to: patent grant

Specialized IP courts in China are open for business

As we reported earlier in Specialized IP Courts in Beijing, Shanghai and Guangzhou: Paving the way to more efficient IP litigation?, on August 31, 2014, China’s Standing Committee passed a decision concerning the establishment of specialized IP courts in Beijing, Shanghai and Guangzhou. These three jurisdictions were not picked at random; they are three of