This book summarizes around 200 most recent patent administrative litigation cases concluded by the Intellectual Property Court of the Supreme People's Court of China in the form of restatements. It discusses the similarities and differences in claim construction, full disclosure, definiteness of claims, nature of reexamination and ex officio review in the context of recent patent administrative litigation cases. It is conducive to the implementation of unified review standards and achievement of a fair trial by using typical cases as guidance in the application of patent law. This book could be used as a reference book for judges, researchers, and practitioners.
Claim Construction.- Patentable Subject Matter.- Utility.- Full Disclosure.- Definiteness of Claims.- Prior Art in References.- Novelty.- Nonobviousness.- Whether Claims are Supported by the Description or Not.- Claims Lacking Necessary Technical Features.- Amendments beyond Scope.- Procedural Issues.- Issues Related to Designs.- Conclusion.- Similarities and Differences of Claim Construction Criteria Regarding Patent Granting, Post-grant Review and Patent Infringement Procedures.- Patentable Subject Matter.- Full Disclosure.- Amendments beyond Scope.- Ex officio Review in the Reexamination Procedure.- Ex officio Review in the Invalidation Procedure.
Ren Xiaolan graduated from the Department of Chemistry of Lanzhou University in 1992 with a dual bachelor's degree in science and law; in 1995, she obtained a master's degree at Lanzhou University; in 2013, she went to the Cardozo School of Law of the United States for further studies for four months. In 1995, Ms Ren joined the Research Institute of Beijing Yanshan Petrochemical Company, engaging in the research and development of lithium-based polymerization catalysts; in 2001, Ren joined the Chemical Invention Examination Department of the Patent Office of the State Intellectual Property Office (currently China National Intellectual Property Administration), engaging in the substantive examination of invention patent applications in the field of organic chemistry; in January 2006, she was transferred to the Patent Reexamination Board and served successively as the Deputy Director of the Chemical Appeal Division, the Material Engineering Appeal Division, and the Litigation Division.
Ren is the current Director of the 1st Chemical Appeal Division of the Patent Reexamination and Invalidation Department of CNIPA. In 2019, she was seconded to the Supreme People's Court for one year. In 2019, she was appointed as a judge of the Intellectual Property Court of the Supreme People's Court.
Ren Xiaolan participated in compiling Interpretation of Patent Reexamination Board Cases - Other Substantive Conditions for Patent Granting, Patent Reexamination and Invalidation Agency Practice, Review and Invalidation Cases in Materials Field, etc.
She was the main contributor and co-author in the preparation of normative documents such as China National Intellectual Property Administration's Guidelines for the Determination of Patent Infringement and Counterfeit Products. Ren Xiaolan has also published many articles in intellectual property journals such as Patent Law Research and China Patent and Trademark. Patent Administrative Litigation in China: Rules and Review is her first treatise.
About the translator:
Liu Li is an English professor at the School of International Studies of the University of International Business and Economics. She also has a doctors degree in law. Her research area includes legal English translation, intellectual property law, tort law, etc. This translation is sponsored by the Chinese Fund for the Humanities and Social Sciences (20WFXB006).
About the proofreader:
Shi Yueru is currently the Chinese-English Translation Team Lead at the Language Service Department of Beijing Wiztech Co., Ltd. She holds a master's degree in science and has over 10 years of experience in translation in the field of intellectual property.
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