Detailed Explanation of Patent Litigation in China - Rules and Cases
Author: Liu Qinghui
Publisher: Intellectual Property Press
NO.1 Content Introduction
Patent litigation is a very important type of litigation in the judicial practice of intellectual property rights in mainland China, and it is very important for enterprises. This book focuses on patent litigation in China, mainly researching administrative litigation and infringement litigation for the granting and confirmation of invention and utility model patents.
The book is divided into two parts: the first and the second. The first part consists of eight chapters, which study the administrative litigation of the granting and confirmation of patents for inventions and utility models, covering eight topics: overview of patent administrative litigation, judicial review of patent reexamination procedures, judicial review of patent invalidation procedures, interpretation of patent claims, amendments of patent application documents and patent documents, patent specifications and claims, necessary technical features of independent claims, and inventive step.
The following part studies invention and utility model patent infringement litigation, involving nine topics: an overview of the basic system of patent infringement litigation, the modules and processes of patent infringement litigation, and the basis of litigation rights - patent claims, alleged infringement, technical solutions accused of infringement, determination of identical infringement, determination of equivalent infringement, defense and civil liability.
This book focuses on the close integration of legal rules and trial cases, on the one hand, it uses legal methodology to explain the spirit and intent of patent legal rules in depth, and on the other hand, it expounds the application of rules through trial cases, and introduces new views, new trends and new spirit of current trials. The elaboration of legal rules reflects the theoretical nature of this book; The explanation of trial cases reflects the practicality of this book. This book is of great reference significance for patent examination, judicial adjudication and theoretical research, and is suitable for in-house counsel, lawyers, patent agents, patent examiners, judges, and patent law researchers.
NO.2 About the author
Liu Qinghui, Doctor of Civil and Commercial Law, is currently a partner and practicing lawyer of Beijing Anjie Broad & Bright. He used to be a senior judge of the Beijing Higher People's Court, and has heard more than 2,000 cases of various types of patents, trademarks, trade secrets, copyrights and unfair competition disputes, and is good at various types of intellectual property litigation such as patents, trademarks, trade secrets, copyrights and unfair competition, and has rich litigation experience.
Dr. Lau Hing Fai is familiar with the judicial process, proficient in the judgment thinking of judges, and is good at using effective litigation strategies and techniques to help clients achieve favorable results. Since practicing law, he has handled a series of major intellectual property cases in courts at all levels, including Qualcomm v. Apple invention patent infringement case, "OPPO and Sharp" standard essential patent licensing dispute case, "Sharp and vivo" standard essential patent licensing dispute case, "ticagrelor" compound patent confirmation case, "ticagrelor" crystal form patent confirmation case, "levoornidazole" drug invention patent infringement and confirmation civil case and "fence column" invention patent infringement case. Among them, 1 case was selected as one of the Top 10 Intellectual Property Cases of Chinese Courts (2020), 2 cases were selected as one of the 50 Typical Intellectual Property Cases of Chinese Courts (2018, 2022), 1 case was selected as a case in the Gazette of the Supreme People's Court (2022), 4 cases were selected as one of the "100 Typical Cases of the Intellectual Property Tribunal of the Supreme People's Court for the Fifth Anniversary", and 2 cases were selected as "Outstanding Transactions and Cases" by China Business Law Journal (2019, 2021).
He has published three monographs, more than 10 professional papers in core journals, and dozens of professional articles in electronic media.
Areas of Practice: Intellectual Property Protection, Dispute Resolution, Competition Law/Antitrust
NO.3
Table of Contents
Part I: Patent Administrative Litigation
Chapter I: Overview of Patent Administrative Litigation
Section 1 Patent Administrative Litigation System
Section 2: Important Procedural Issues
Chapter II Judicial Review of Patent Reexamination Procedures
Section 1 Legal Nature of Patent Reexamination
Section 2 Issues in Patent Reexamination
Chapter III Judicial Review of Patent Invalidation Procedures
Section 1 Procedures for Invalidation of Patents
Section 2 Issues in Patent Invalidation Procedures
Chapter IV Interpretation of Patent Claims
Section 1 Rules for the Interpretation of Patent Claims in the United States
Section 2 Rules for the Interpretation of Claims before the European Patent Office
Section 3 Basic Theories of Patent Claim Interpretation
Section 4 Development of Claim Interpretation Rules in Administrative Cases of Grant and Confirmation of Patent Rights in Mainland China
Chapter V Amendment of Patent Application Documents and Patent Documents
Section 1 Revision of Patent Application Documents
Section 2 Revision of Patent Documents
Chapter VI Description and Claims
Section 1 Legality of the Specification
Section 2: Legality of Claims
Chapter VII Necessary Technical Features of Independent Claims
Section 1 Interpretation of the "Necessary Technical Features" Clause
Section 2: Determination of the lack of necessary technical features
Chapter 8 Creativity
Section 1: The Concept of Creativity
Section 2: Methods of Judgment of Creativity
Section 3: Application of the "Three-Step Method".
Patent infringement litigation is the following section
Chapter IX Overview of the Patent Infringement Litigation System
Section 1: Trial System
Section 2: Case Jurisdiction System
Section 3: Mechanisms for technical fact-finding
Chapter 10 Modules and Procedures of Patent Infringement Litigation
Section 1: The Judge's Perspective
Section 2: The Perspective of the Parties
Chapter 11 Basis of Litigation Rights: Patent Claims
Section 1 Patent Rights and Claims
Section 2: Claims on the basis of which the suit is filed and their validity
Section 3: Scope of Protection of Claims
Section 4 Interpretation of Claims
Chapter 12 Alleged Infringements
Section 1: Direct Infringement
Section 2: Indirect Infringement
Section 3 Fabricated Infringements – The Tengda Case and Its Rules
Chapter 13 The technical scheme of the alleged infringement
Section 1: The technical solution of the accused product
Section 2: The method and technical scheme that is being sued
Chapter 14 Determination of "Same Infringement".
Section 1 Classification of technical features of claims
Section 2: Classification of the technical features of the alleged infringing technical scheme
Section 3: Specific Methods and Rules for Determining "Same Infringement".
Chapter 15 Determination of "Equivalent Infringement".
Section 1: "Equivalent Infringement" System
Section 2: Determination of "Equivalent Infringement".
Section 3: The determination of "equivalent infringement" shall be made on application or ex officio
Section 4: Restrictions on the determination of "equivalent infringement".
Chapter XVI: Defences
Section 1: Overview of Defences
Section 2: Specific Types of Defenses
Section 3: Time for the submission of a defense
Chapter XVII: Civil Liability
Section 1: Attribution
Section 2: Cessation of Violations
Section 3: Compensation for Losses
bibliography
index
编辑：Sharon