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Examining Upcoming Changes to the Implementing Regulations of the Chinese Patent Law

IP Watchdog

Recently, amendments to the Implementing Regulations of the Chinese Patent Law were issued and will take effect from January 20, 2024. The Regulations align with the revisions made to the Patent Law in 2020 and provide further guidance.

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Highlights of Revised Regulations for Implementing Patent Law of China

JD Supra Law

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010.

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On Efficiency of China’s Drug-Related Patent Term Compensation System based on “Effective protection period”

JD Supra Law

769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in 2023)”) as of January 20, 2024. Fourteen years have passed since the last amendment of the Implementing Regulations released on January 9, 2010.

Patent 77
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

Art 125
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

But the inverse is true of patents currently being prosecuted: ~94+ of applications currently pending before the USPTO, we estimate, are governed by the AIA. 2021 Patently-O Patent Law Journal 34. Prior Patently-O Patent L.J. Our data can be found at: [link]. Pre-AIAPatents ). COVID-19Impact).

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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently-O

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

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Patent Law and the False Claims Act.

Patently-O

3730(e)(4)(A) (2010). Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. On appeal, the Federal Circuit concluded that the patent prosecution files stemmed from an administrative hearing and thus qualifies as an “other Federal … hearing.”