Linda Liu & Partners

Linda Liu & Partners

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Welcom to Linda Liu & Partners on Air! Contents:IP Practice in China Follow me so you won’t miss the next episode. Please leave a comment if you have any suggestions, thoughts or insights. CONTACT US: Email: office@lindapatent.com

Linda Liu & Partners


    • Dec 4, 2024 LATEST EPISODE
    • infrequent NEW EPISODES
    • 6m AVG DURATION
    • 101 EPISODES


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    Latest episodes from Linda Liu & Partners

    What's New This Month-Oct. 2024

    Play Episode Listen Later Dec 4, 2024 7:20


    Conflicting Application -Chinese Patent

    Play Episode Listen Later Dec 4, 2024 6:07


    What Happened in Chian's IP -Mar. 2024

    Play Episode Listen Later Jun 5, 2024 10:08


    What Happened in Chian's IP -Apr. 2024

    Play Episode Listen Later Jun 5, 2024 9:27


    Implementation of China Patent Law

    Play Episode Listen Later May 20, 2024 11:02


    The amended Implementing Regulations of the Patent Law (the Implementing Regulations) was finally promulgated on December 11, 2023, and to come into force on January 20, 2024.

    What happened in China's IP -Jan.

    Play Episode Listen Later May 20, 2024 9:42


    What happened in China's IP -Feb.

    Play Episode Listen Later May 20, 2024 8:25


    Confidentiality Review -Chinese Patent

    Play Episode Listen Later May 20, 2024 6:55


    What Happened in China's IP-Nov 2023

    Play Episode Listen Later Dec 22, 2023 5:45


    What Happened in China's IP-Oct 2023

    Play Episode Listen Later Dec 22, 2023 7:00


    What Happened in China's IP-Sep 2023

    Play Episode Listen Later Dec 22, 2023 5:31


    What Happened in China's IP Field-June

    Play Episode Listen Later Jul 11, 2023 16:00


    What Happened in China's IP Field-May

    Play Episode Listen Later Jul 3, 2023 7:43


    The Grace Period for Novelty-China IP

    Play Episode Listen Later Jul 3, 2023 6:18


    What Happened in China's IP Field-Apr.

    Play Episode Listen Later Jun 25, 2023 7:46


    What Happened in China's IP Field-Mar.

    Play Episode Listen Later Jun 25, 2023 5:55


    Amending the Claims-Patent Invalidation

    Play Episode Listen Later Oct 31, 2022 8:25


    How to Write a Technical Disclosure

    Play Episode Listen Later Oct 31, 2022 4:34


    Estoppel Doctrine-China's Patent System

    Play Episode Listen Later Oct 31, 2022 6:23


    China Patent Right Evaluation Report

    Play Episode Listen Later Aug 12, 2022 5:22


    China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.

    china patent patent law evaluation report
    China Patent Right Evaluation Report

    Play Episode Listen Later Aug 12, 2022 5:22


    China's Patent Law stipulates that where a patent infringement dispute involves a utility model patent or a design patent, the people's court or the relevant administrative department may require the patentee or the interested parties to submit the patent right evaluation report (or PRER for short) of the asserted patent, which is made by the CNIPA after searching, analyzing, and evaluating. The PRER could be used as evidence for the trial or dealing with patent infringement disputes. The alleged infringer may also voluntarily submit the PRER.

    china patent patent law evaluation report
    What‘s New This Month-July

    Play Episode Listen Later Aug 12, 2022 7:11


    What‘s New This Month-July

    Play Episode Listen Later Aug 12, 2022 7:11


    Donation Doctrine Patent Litigation (CN)

    Play Episode Listen Later Jul 7, 2022 5:10


    When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.

    Donation Doctrine Patent Litigation (CN)

    Play Episode Listen Later Jul 7, 2022 5:10


    When construing the patent claims to determine patent infringement in China, the principle of equivalence will be applied, that is, the protection scope of a patent right is not only determined by the technical features recorded in the claims but may also be determined by equivalent features. Therefore, the protection scope may be wider than the scope of the written claims when determining the protection scope of the claims in China.

    What's New This Month-April 2022

    Play Episode Listen Later Jun 6, 2022 7:29


    What's New This Month-April 2022

    Play Episode Listen Later Jun 6, 2022 7:29


    What's New This Month-May 2022

    Play Episode Listen Later Jun 6, 2022 6:19


    What's New This Month-May 2022

    Play Episode Listen Later Jun 6, 2022 6:19


    What's New This Month-March 2022

    Play Episode Listen Later Jun 6, 2022 5:46


    What's New This Month-March 2022

    Play Episode Listen Later Jun 6, 2022 5:46


    What's New This Month Feb. 2022

    Play Episode Listen Later Jun 6, 2022 6:04


    What's New This Month Feb. 2022

    Play Episode Listen Later Jun 6, 2022 6:04


    Has Your Trademark Been Quarantined

    Play Episode Listen Later May 11, 2022 5:18


    As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People's Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.

    Has Your Trademark Been Quarantined

    Play Episode Listen Later May 11, 2022 5:18


    As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of the People's Republic of China provides as follows: Where a registered trademark has been cancelled, invalidated or has not been renewed upon expiry of the period of validity, the Trademark Office shall, during one year from the date of cancellation, invalidation or removal, reject any application for registration of a trademark that is identical with or similar to the trademark.

    Sequence of Step Affect Protection Scope

    Play Episode Listen Later May 11, 2022 7:15


    How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.

    Sequence of Step Affect Protection Scope

    Play Episode Listen Later May 11, 2022 7:15


    How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.

    Drafting Parameter-defined Product Claim

    Play Episode Listen Later Mar 16, 2022 9:53


    Today I am going to talk about How to Draft the Parameter-defined Product Claims in Chinese Patent Application.When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is common, if its definition or standard is unclear, or if the value of the parameter varies due to different measuring conditions, the specification should present the definition and/or measuring method.

    Drafting Parameter-defined Product Claim

    Play Episode Listen Later Mar 16, 2022 9:53


    Today I am going to talk about How to Draft the Parameter-defined Product Claims in Chinese Patent Application.When an uncommon parameter or a self-defined parameter is used in the claim, usually it is necessary to explain the definition and/or the measuring method of the parameter in detail. Even though a parameter is common, if its definition or standard is unclear, or if the value of the parameter varies due to different measuring conditions, the specification should present the definition and/or measuring method.

    Sending Warning Letter in China

    Play Episode Listen Later Feb 7, 2022 2:38


    Today, let's talk about sending warning letters for possible patent infringement If you believe that someone is infringing your patent right in China, you may be angry and can't help to send him a warning letter(C&D letter) demanding him to stop the infringement. Sending a warning letter is indeed an option to stop infringement. However, you should be prepared before sending the warning letter or you might get unfavourable results due to haste.

    Microorganism Patents in China

    Play Episode Listen Later Dec 27, 2021 6:04


    Welcome to Linda Liu & Partners on air!Today's topic is about “Microorganism Patents in China”The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an animal nor a plant.Microorganisms and microbial processes are both patentable subject matter. Microorganism inventions are those relating to the production of a chemical substance (such as antibiotics) or to the decomposition of a substance through application of the microorganism.

    Microorganism Patents in China

    Play Episode Listen Later Dec 27, 2021 6:04


    Welcome to Linda Liu & Partners on air!Today's topic is about “Microorganism Patents in China”The term “microorganism” encompasses entities across the taxonomic classes including bacteria, actinomycetes, fungi, viruses, protozoa, and algae. According to current Chinese patent rules, a microorganism is neither an animal nor a plant.Microorganisms and microbial processes are both patentable subject matter. Microorganism inventions are those relating to the production of a chemical substance (such as antibiotics) or to the decomposition of a substance through application of the microorganism.

    The Benefits of Patent Filing in China

    Play Episode Listen Later Dec 14, 2021 3:56


    China is one of the largest markets and has the most active consumer groups. As its population of middle-class is increasing and the society is stable, China is attracting more and more foreign investments. As one of the biggest consumer markets in the world, China has excellent industrial system. In China, the business environment is improving, and the intellectual property is being enforced more properly. In recent years, with continuous improvements on judicial environment of China's intellectual property protection, intellectual property, such as copyright, trademarks, and patents, became the weapon to win the competition and the tool to get privileged position for companies. Here are some benefits of patent filing in China for your reference.

    Software Copyright Registration in China

    Play Episode Listen Later Dec 7, 2021 6:52


    Software copyright registration, as a certificate of software copyright ownership, is not mandatory but voluntary in China. However, software copyright registration can help prove copyright ownership in infringement actions and other disputes, administrative procedures, and commercial negotiations.Here is a list of the necessary documents for filing software copyright registration as well as the methods of submission of source code.

    Patent Marking in China

    Play Episode Listen Later Oct 20, 2021 2:51


    Today, let's talk about Patent Marking in China. China's regulations on patent marking mainly stipulate how to mark correctly, not to mislead the public, not to make false publicity, etc. There is NO compulsory provision stating that the patentee must mark the patented product either physically or virtually. Different from the US, in China, the patent marking is not a requirement for collecting damages for patent infringement. Generally, it is believed that marking the patent virtually in China may be helpful for the promotion (attracting Chinese investment) and protection of patent rights by informing visitors that improper use of the content on the website may constitute infringement.

    Patent Marking in China

    Play Episode Listen Later Oct 20, 2021 2:51


    Today, let's talk about Patent Marking in China. China's regulations on patent marking mainly stipulate how to mark correctly, not to mislead the public, not to make false publicity, etc. There is NO compulsory provision stating that the patentee must mark the patented product either physically or virtually. Different from the US, in China, the patent marking is not a requirement for collecting damages for patent infringement. Generally, it is believed that marking the patent virtually in China may be helpful for the promotion (attracting Chinese investment) and protection of patent rights by informing visitors that improper use of the content on the website may constitute infringement.

    Cross-Border Patent Assignment

    Play Episode Listen Later Aug 18, 2021 3:22


    Welcome to Linda Liu on air. This is Peter Zhang.I'd like to discuss how to fulfil a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees (applicants) to foreigners.

    Cross-Border Patent Assignment

    Play Episode Listen Later Aug 18, 2021 3:22


    Welcome to Linda Liu on air. This is Peter Zhang.I'd like to discuss how to fulfil a cross-border patent assignment in compliance with Chinese law, specifically in the scenario of patent assignment from Chinese patentees (applicants) to foreigners.

    Excess Claim Fee -Patent Entering China

    Play Episode Listen Later Jul 23, 2021 10:14


    Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

    Excess Claim Fee -Patent Entering China

    Play Episode Listen Later Jul 22, 2021 10:14


    Today, let's talk about how to avoid or reduce the excess claim fee for patent application in China. A foreign patent application may enter China via PCT or the Paris Convention. Since the CNIPA charges the excess claim fee differently for applications via PCT and applications under the Paris Convention, the applicant may employ special strategies for applications entering China through the two paths, so as to reasonably avoid or reduce the excess claim fee. Furthermore, regardless of the excess claim fee, by making full use of the opportunity to make voluntary amendments, it is possible to benefit the subsequent examination and gain a more desirable scope of protection.

    Patent Eligibility in Software Field

    Play Episode Listen Later Jul 14, 2021 7:25


    In recent years, there appear not only many foreign applicants who have been constantly investing in China's patent assets, but also some big Chinese software companies applying for a large number of invention patents on algorithms or business rules and methods related to artificial intelligence, "Internet +", big data, and blockchain. Despite that the Chinese patent system is relatively friendly to software or algorithm patent applications, it is still necessary to have the knowledge of the subject matter eligibility of software patents covering AI algorithms, in order to successfully obtain patent rights in China.

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