Preventing a patent authorization

Are we able to stop our rivals from obtaining authorization of a patent application that we regard as having substantial defects during the substantive examination, given the fact that the rival companies hane already published their patent applications?

How can a party use hedging to prepare for the risk of infringing?

Patent retrieval is necessary during R&D, in order not to infringe upon others’ patents. We have to know both ourselves and our competitors so as not to improperly take another piece of the pie.

Can an expired patent be applied again?

An expired patented product can no longer be protected. Since an expired patent product has obtained patent rights and has been made public, re-submitted patent application does not possess novelty.

What is the difference between a non-compete obligation and trade secret confidentiality obligation?

There is generally no consideration exchanged between employee and employer for keeping trade secrets.

How to prove trade secret infringement?

“Contact” means that the right holder has the evidence to prove that the accused infringer can obtain the trade secret with certain access.

What information can be protected as trade secrets?

Trade secrets can be divided into technical information and business information. Technical information generally refers to information independently developed by enterprises.

What is the PCT? How to apply for the PCT?

The Patent Cooperation Treaty (PCT), is an international co-operation treaty in the area of patents.

What issues should be noted in the process of trademark licensing?

I have a few patentable projects and am going to apply for patents in a foreign country. How can I quality for the patent application Grant of China?

Should joint liability be imposed for IPR infringement?

Yes. Under Article 9 of the Tort Liability Law: “One who aids and abets another in committing a tortious act shall bear joint liability with the actor.”

How much will be the maximum Grant?

Article 5 of the Measures provides that “the Special Grant shall be centrally used to support patent applications in a foreign country which has a protection type equal to the invention patent of China.

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