Tag Archives: patent lawyer

Patent Issues for Attention on the Exhibition in China

The international exhibitions give enterprises great opportunity to release new technology or new product, which can help enterprises draw much public attentions. While such exhibitions are also annoyed by the patent dispute with damages the enterprises expectations on the exhibition. Today, Bridge IP Law Commentary today will give our analysis on the issues related to the exhibition patent.

I. Showing in an exhibition won’t cause a patent product lossing novelty

The priority of the trademark on the exhibition has been analyzed in our past post, while as to the patent right, the exhibition attendance could not necessarily bring the priority. According to Article 24 of Paten Law in China:

“An invention-creation for which a patent is applied for does not lose its novelty where, within six months before the date of filing, one of the following events occurred: (1) where it was first exhibited at an international exhibition sponsored or recognized by the Chinese Government”.

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What If the Patent Infringement Lawsuit Apple vs HTC in China?

Which Chinese authority has the jurisdiction over the patent infringement?

Recently, the International Trade Commission of United State ruled on the patent conflict between Apple and HTC, determining that HTC has infringed the No.647 patent of Apple iPhone and banning the import of HTC’s smart phone with this patent feature from 19th, April, 2012.

For the case, Bridge IP Law Commentary would like to discuss a problem that which authority shall have the jurisdiction over the conflict shall it occurred in China? In fact, there’s no similar administration like ITC in China considering the IPR conflict with foreign products involved, and the administration duty on the infringement combat mainly focuses on the fake patent, namely those products claimed being patented or claiming owning others patent. Although the administration will handle some patent conflicts of unlicensed using, the complicated dispute, like the one between Apple and HTC, is mainly handled by the court.

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