patent lawyer Archives - Bridge IP Law Commentary

Introduction to Protection of New Varieties of Plants in China

Posted on August 14, 2014 by yytbest

(By You Yunting)Introduction to the Case:

Appellant (Defendant at first instance): Jiangsu Xunong Seeds Science and Technology Co., Ltd (the “Xunong”)

Respondent (Plaintiff at first instance): Tianjin Tianlong Seeds Science and Technology Co., Ltd (the “Tianlong”)

Court of first instance: Nanjing City Intermediate People’s Court No.: (2009)宁民三初字第63号

Court of second instance: Jiangsu Province Higher People’s Court No.: (2011)苏知民终字第0194号

On November 10, 2000, a new three-crossbreed hybrid japonica rice named “9优418”, jointly cultivated by the Liaoning Rice Research Institute (the “LRRI”) and the Xuzhou Academy of Agricultural Sciences (the “AAS”), was approved by the National Crop Variety Approval Committee of China (the “NAVAC”).

Why China Court Decision Requires Software Interface Primary Aesthetics under Protection?

Posted on May 28, 2014 by yytbest

(By Luo Yanjie) Pursuant to the Copyright Law, the works shall be original with primary aesthetics. From this point, most software interface can’t receive protection from the Copyright law, because most software interfaces are designated in a simple arrangement for the purpose of easy-to-use and thus are likely to be considered as lack of “distinctiveness”. The judgment in the following case set forth the theory.

Introduction to the Case:

Appellant (defendant at first instance): Shenzhen Tenda Technology Co., Ltd (the “Tenda”)

Diagnostic Method Claim in the US

Posted on March 28, 2014 by yytbest

(By George Wu) Another important case concerning biotechnology was decided last year at the US Supreme Court: Mayo Collaborative Servs. v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012)

Prometheus Laboratories (“Prometheus”) had obtained a patent for a method of determining the optimal dosage of the drug thiopurine, which is used to treat auto-immune disorders. The use of thiopurine in the treatment of disease was not a new discovery, but the use of the drug had been made difficult by the fact that thiopurine is metabolized at different rate in different people. Accordingly, the same dosage could be too low to be efficacious in one patient, while too high and toxic in another patient. Prometheus made the discovery that by assaying for the metabolites of thiopurine, the rate of metabolism could be determined and the dosage could be adjusted according to the patient.

China Protects the Graphic User Interface for Software as of May 1, 2014

Posted on March 18, 2014 by yytbest

(By You Yunting) In our previous post, we introduced that Graphical user interface (the “GUI”) for software has not been protected in China. However, State Intellectual Property Office (the “SIPO”) suggested protecting the GUI in the latest Draft Revision of the Patent Examination Guidelines (the “Draft Revision”) on October 22, 2013. Recently, in the publication of the Decision of SIPO on Amending the Patent Examination Guidelines, It is the GUI that is protected by the Patent Law as of May 1, 2014.

How Patentees Protect its Publicized Invention without Grant of Patent Rights?

Posted on December 2, 2013 by yytbest

(By Luo Yanjie) Abstract: After the official publication of an application for a patent of invention, the applicant may demand the entity or individual exploiting that invention to pay an appropriate fee, but is not entitled to prevent others from using the patent. After grant of patent rights by the patent office, the applicant has no right of demanding the subsequent entity or individual to pay an appropriate fee. In today’s post, our case is involved in the 2011 Min Ti Zi No. 259 Civil Judgment of the Supreme People’s Court’s

Whether Patented Products’ Profit Influences the duty to Reward Inventors?

Posted on July 29, 2013 by yytbest

Abstract:

Other local laws and regulations cannot be used in legal judgments. Furthermore, enterprises shall award to the employee proper remuneration regardless of profitability.

(By Luo Yanjie) Patent carries huge value to enterprises; key patents can be especially valuable, because they are often only gained after a great deal of expense. Because of this, according to relevant provisions in the Patent Law, the right to apply for a patent belongs to an entity for any invention-creation, either made by a person in the course of executing tasks of the entity he belongs to, or made by him by primarily utilizing material and technical means belonging to the entity. Inventors having rights over inventions is well accepted, but a difficult position for the inventor to be in; often, we find the laws to be inadequate to properly serve and protect the interests of the inventor-creator. In today’s post, we will introduce to you a case touching upon this legal issue.

China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

Posted on July 5, 2013 by You Yunting

(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction. This dispute deserves attention and will be introduced in today’s post.

Case summary:

In 2005, Hongda and Dongfeng Hongda Auto Manufacturing (Wuhan) Co., Ltd. (“Dong Feng”) filed a lawsuit in the Beijing Higher People’s Court (the “Beijing Higher Court”), claiming that Hebei Xin Kai, Gaobeidian Xin Kai Auto Manufacturing Co., Ltd. (“Gaobeidian Xin Kai”), and Beijing Xin Sheng Bai Li Auto Trading Co., Ltd. (“Beijing Xin Sheng”) infringed their design patent. The Beijing Higher Court accepted the case.

China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

Posted on April 23, 2013 by yytbest

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(By Albert Chen) Past essays on this websites have introduced the design patent dispute between Honda Motor Co., Ltd. (“Hongda”), Hebei Xin Kai Auto Manufacturing Co., Ltd. (“Hebei Xin Kai”) and Shuanghuan Auto Co., Ltd. In another utility model patent dispute involving Hongda and Xin Kai, the Supreme People’s Court has rendered a decision on jurisdiction in design patent disputes. This dispute deserves attention and concentration and will be introduced in today’s post.

Case summary:

Introduction and Legal Analysis on the Patent Design Dispute between the Honda CRV And Shuanghuan Auto

Posted on March 15, 2013 by yytbest

(By Luo Yanjie) The patented design dispute between Shuanghuan Auto and Honda Motor Co., Ltd. (the “Honda”) has been a subject of strong focus within the industry. With the review of the case in the Supreme People’s Court, it determined the patented design right enjoyed by Honda and overthrew the annulled sentences in the first and second instance, The case has been battled through the courts for eight years, and now returns to its starting point. This post will discuss the arguments adopted in a review of the sentence, and why it shall be different from those in the first and second instance.

Is it Infringing LV’s Trademark Right when Registering Similar Images as Patented Design?

Posted on February 15, 2013 by yytbest

(By Albert Chen) Brief of the case:The Louis Vuitton Company (the “LV Company”) holds the rights to the “LV” trademark in Mainland China, and it registered the trademark “LV” as early as January 15, 1986. At present, the term of protection of the mark has been extended to January 14, 2016. The registered classes for the “LV” trademark include toys, Chinese checkers, Backgammon, golf gloves, etc. On November 13, 2003, Guo filed an application for a patented design called “Mahjong (23)”, and the application was approved and published on July 14, 2004. The published patent includes 5 pictures, which contain the front view, left view, back view, top view and three-dimensional views. Among them, the front view contains an image consisting of the letters “L” and “V.”

How to Apply for Evidence Preservation for IPR Trials in China

Posted on June 25, 2012 by You Yunting

By Luo Yanjie

In an earlier Microsoft’s case of right protection (Note: the link is in Chinese), the company applied for the evidence preservation to the court after they found the piracy using by others, demanding the perpetuation covering the pirated Microsoft software installed in the computers in the defendant’s business place. The application was accepted by the court, who thereafter sealed and checked the computers claimed and found each apparatus has been installed at least 5 types of software of Microsoft. Whereby, Microsoft gains the compensation of more than 1 million yuan in the following trials.

Why Apple Store’s Design Patent Application is Not Necessary? II

Posted on March 28, 2012 by You Yunting

The post will be published on our website for two days, and today is the second half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

III. The legal risk in the lawsuit filed against design infringement

Furthermore, once Apple initiate the lawsuit basing on the design, it may be trapped in the patent validity and serial lawsuits, and it’s also a common challenge of patent lawsuits in China.

1. The poor stability of design patent

Despite the design patent is granted by the administration after approval, the organ will not examine the novelty and creativity of the patent applied for it being instable at all. For example, in the design dispute between SECO and HONDA (note: the link is in Chinese), when HONDA sued against SECO for the claimed plagiarism of SECO’s S-RV to its CR-V, the defendant filed the application of patent validity, and present the evidence including the previous design patent applied by HONDA.

Why Apple Store’s Design Patent Application is Not Necessary? I

Posted on March 27, 2012 by You Yunting

The post will be published on our website for two days, and today is the first half of it. (the image is the picture of Apple Store in Lujiazui from the www.apple.com.cn)

By the report of Shanghai Daily, Apple Inc filed an application to the United State Patent and Trademark Office (USPTO) for the appearance design of its store in Lujiazui, Pudong New Area. In consideration of the fake Apple Store in Kuning, Yunan Province in south and west China, the application made this time may be the international application, and will enter into China soon to stem the flooding knock off stores. More interesting is that the journalist of the Daily interviewed our attorneys before the report, and we reserved our opinion on the application. To complete our comments on it, here’s our analysis on the issue:

Beijing Files Most IPR Lawsuits in China

Posted on February 15, 2012 by You Yunting

As reported by Mr. Chi Qiang, the chief justice of Beijing Higher People’s Court,on the 5^th Session of the 13^th People’s Congress of Beijing, there have judged 12, 269 IPR cases in Beijing courts of each level, which is a year by year increase of 16.3% and occupies 22.3% of all around China. For these cases, both total amount and new type case are rank first in all the courts nationwide.

9 Billion Yuan Financing from Patent Pledge in 2011

Posted on February 15, 2012 by You Yunting

In 2011, the patent pledge financing amounted to 9 billion yuan in China (involving 1953 patents), which enjoyed a 28% increase year by year and be the highest in recent 3 years. At present, the State Intellectual Property Office is studying and drafting the Guidelines of Intellectual Property Loan by Financial Institution in Banking Industry, which now has been made the exposure draft and will be issued soon.

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Tag Archives: patent lawyer

Why China Court Decision Requires Software Interface Primary Aesthetics under Protection?

Diagnostic Method Claim in the US

China Protects the Graphic User Interface for Software as of May 1, 2014

How Patentees Protect its Publicized Invention without Grant of Patent Rights?

Whether Patented Products’ Profit Influences the duty to Reward Inventors?

China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

China Supreme Court: Which Courts Have Jurisdiction Over Design Patent Disputes?

Introduction and Legal Analysis on the Patent Design Dispute between the Honda CRV And Shuanghuan Auto

Is it Infringing LV’s Trademark Right when Registering Similar Images as Patented Design?

How to Apply for Evidence Preservation for IPR Trials in China

Why Apple Store’s Design Patent Application is Not Necessary? II

Why Apple Store’s Design Patent Application is Not Necessary? I

Beijing Files Most IPR Lawsuits in China

9 Billion Yuan Financing from Patent Pledge in 2011