With over 200 dedicated professionals, Beijing East IP has helped a full spectrum of clients – from startups to Fortune 500 corporations to domestic multinational companies – on their intellectual property issues in China.
On March 18, 2018, the General Office of the State Council issued the “Working Measures for Foreign Transfer of Intellectual Property Rights (Trial)” (hereinafter referred to as the “Measures”), and clarified the relevant regulations on the foreign transfer of intellectual property involving national security. It was implemented on the date of issuance.
Abstract: Currently “common knowledge” has become a hot topic in academic research. How to correctly determine common knowledge has become the key to improve the quality of patent examination. This paper introduces the availability bias theory to point out that the common knowledge determining process tends to produce availability bias, give too much weight to the easily conceived technical knowledge, and turn a blind eye to a lot of other information that must be considered, leading to errors in determining common knowledge. In patent examination, the availability of parts, the availability of work methods and the availability of technical problems may lead to the availability bias. In the end, the countermeasures is put forward.
Just at the beginning of this year, the Patent Reexamination Board (PRB) of SIPO issued a decision in a notable patent invalidation trial against Novartis’s patent on Entresto (Sacubitril/Valsartan), holding all the claims of the patent invalid as being obvious.
On January 11, the Shenzhen Intermediate Court announced its decisions to grant Huawei’s injunctive relief and place permanent injunction on Samsung’s 4G handsets after the court found Samsung infringed on Huawei’s 4G Standard Essential Patents.
SIPO has recently announced the officially approved Administrative Measures for Prioritized Patent Examination 2017 (hereinafter refers to the “Measures 2017”), which comes into force from August 1st, 2017.
In June 2017, Dr. Lulin GAO, Chairman of Beijing East IP and founding Commissioner of the SIPO, was invited to speak on the “Managing the China Challenge” panel at the IPBC Global 2017 in Ottawa, Canada.
According to the judgment, Sony was ordered to (1) immediately cease infringement of IWNCOMM’s SEP found in 35 of Sony’s mobile handsets, (2) pay damages of RMB8.62 million (approximately USD1.25 million), and (3) pay reasonable litigation costs of RMB474,194 (around USD69,000).
Erick Robinson, an experienced U.S. patent attorney and trial lawyer with a technical background in computer science and physics, as well as biotechnology joined Beijing East IP as Director of Patent Litigation.
The similarity criteria is always a focus of attention in determination of design infringement. Conventionally, people often discuss whether two designs are alike in determining design infringement without objective analysis standards.