WebThe CNIPA and China's Supreme People's Court have each issued, separately, rules for an Article 76 Proceeding that a patent holder could opt for against a generic drug … WebApr 14, 2024 · Increase of the amount of statutory damages. Article 71 (2) of the new Patent Law increases the amount of statutory damages from the range of RMB 10,000 – RMB 1 million (approximately $1,535 – $153,458) to RMB 30,000 – RMB 5 million (approximately $4,605 – $767,290) . In China, damages are calculated by the following …
Understanding the Fourth Amendment of Chinese Patent Law Fieldfisher
WebThe concept of statutory damages was first introduced into the Chinese patent regime in 2001 as a “last-resort” approach for damages calculation in infringement cases. … WebAs provided in Article 26.4 of the Patent Law of the People’s Republic of China, the claims shall be supported by the description and shall define the extent of the patent protection sought for in a clear and concise manner. Part II Chapter 2 Section 3.2.1 of the Guidelines for Patent Examination stipulates as list of laba
Patent Linkage and Article 76 Proceedings in China Jones Day
WebJul 8, 2024 · Chapter I General Provisions. Article 1. This Law is enacted to protect the lawful rights and interests of patentees, to encourage invention-creation, to promote the … WebSep 17, 2024 · Patent Law of the People’s Republic of China ... Article 26. Where a patent application for an invention or utility model is filed, documents such as a request, a … WebMar 17, 2024 · Article 26(4) of the Chinese Patent Law requires that claims must be supported by the description. This means that the technical solution defined in the claims must be one that a person skilled in the art can arrive at directly or by generalization from the contents sufficiently disclosed in the description , and shall not go beyond the scope ... list of laboratory response network labs