<i>'The patent landscape in China has changed dramatically in the past decade. This new edition of </i>Patent Law in Greater China<i> provides a timely reference to help us navigate these changes. Featuring expert contributors with diverse backgrounds and deep inside knowledge, the book provides comprehensive, contextualized analyses and strikes a good balance between scholarly analysis and practical tips. It should be on the desk of anybody handling patent matters in Mainland and Greater China.’</i>

- Peter K. Yu, Texas A&M University, USA,

<i>‘It was in only in 1984 that China decided to have a modern IP system. Few in the West believed it would happen. This book shows it not only did but has become a major driver behind China’s technical and economic growth. Any lawyer advising anyone doing business in or with China should get it.’</i>

- The Rt. Hon. Sir Robin Jacob, Faculty of Laws, University College London, UK,

<i>‘This volume offers a comprehensive map of Greater China’s evolving patent landscape, encompassing doctrine, enforcement, and policy. It traces legal intricacies, cross-border harmonization, and strategic tensions that shape innovation governance from Beijing to Taipei, Hong Kong to Macau. Essential reading for patent professionals and in-house counsel navigating IP strategy, compliance, and risk in a complex cross-border landscape.’</i>

- Toshiko Takenaka, University of Washington, USA,

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<i>‘This edition is an indispensable resource on patent law and litigation in China, Hong Kong, Macau, and Taiwan that sheds new light on significant developments since its first edition. Illuminating descriptions and analyses uncover the complex landscape of patent policy, including current issues of technology transfers and litigation of standard-essential patents.’</i>

- Marketa Trimble, University of Nevada, Las Vegas, USA,

This thoroughly revised second edition presents a comprehensive assessment of the recently revised patent law and related secondary legislation in the People’s Republic of China (PRC). It examines the latest policy and patent law related aspects in Greater China to reveal valuable insights into the evolving legal landscape. Highly experienced professionals in the field provide practical guidance on the latest practices in technology transfer, patent prosecution, the reformed employee inventions system in the PRC and patent litigation.



Key Features:

  • Evaluates China’s latest patent policy and strategy
  • Gives important insights on the latest developments concerning substantive patent law, as well as PCT and national patent application procedures
  • Analyzes emerging issues around standard-essential patents which are gaining traction in an increasingly globalized system
  • Explores developments in patent law in relation to specific areas, such as the pharmaceutical industry, as well as software- and AI-related inventions
  • Draws on extensive case law to shed light on claims interpretation and patent enforcement issues, including infringement and invalidation proceedings, dual enforcements by courts and administrative authorities
  • Explains the latest developments in utility model and design protection
  • Covers the latest patent system developments in the Special Administrative Regions of Hong Kong, Macao and Chinese Taipei, encompassing the entire Greater China region



This updated edition of Patent Law in Greater China is an essential resource for lawyers, patent attorneys and other practitioners, as well as policymakers active in the region with an interest in the broader context of patents as key intellectual property rights in an increasingly technology driven world.

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Contents Preface to the second edition xxi PART A PATENT PROTECTION IN THE PEOPLE’S REPUBLIC OF CHINA: GENERAL 1 China’s patent policy 3 Stefan Luginbuehl 2 Technology transfer in China 27 Jyh-An Lee and Jingwen Liu PART B SUBSTANTIVE PATENT LAW 3 Prerequisites for protection 59 Yuanshi Bu 4 Biotechnological, chemical and pharmaceutical inventions 83 Toby Mak 5 Software-related inventions 97 Peng Liu and Butian Ma 6 Employee inventions 135 Qian Ma and Berrit Roth-Mingram PART C PATENT APPLICATION AND EXAMINATION PROCEDURE 7 Patent examination: a general outline 155 Ming Deng 8 PCT applications 197 Toby Mak PART D PATENT ENFORCEMENT 9 Dual enforcement system and administrative patent infringement proceedings 213 Ye Zhao 10 Patent infringement procedures and remedies 225 Oliver Pfaffenzeller and Xia Pfaffenzeller 11 Damages and compensation in patent infringement proceedings 275 Binxin Li, Guangzhen Shang, Yue He, Yun Chen, Jacqueline Wang, Leon Li 12 Grounds and proceedings of patent invalidation and its interplay with infringement proceedings 291 Nils Heide 13 Patent litigation 331 Peter Ganea and Douglas Clark 14 The enforcement of standard-essential patents 357 Guobin Cui PART E UTILITY MODEL AND DESIGN PROTECTION 15 Utility models 393 Ming Deng and Peter Ganea 16 Designs 423 Ming Deng PART F PATENT PROTECTION IN CHINESE TAIPEI (TAIWAN) 17 General introduction to the patent system in Chinese Taipei (Taiwan) 459 George J. H. Huang PART G PATENT PROTECTION IN HONG KONG SAR 18 Introduction to patent protection 541 Stefan Luginbuehl 19 Introduction to the patent litigation system 557 Douglas Clark PART H PATENT PROTECTION IN MACAU SAR 20 Introduction to the patent system 575 Carlos D. Simões
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Produktdetaljer

ISBN
9781789900323
Publisert
2026-03-05
Utgave
2. utgave
Utgiver
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
644

Biografisk notat

Edited by Stefan Luginbuehl, PhD, Attorney at Law, Lawyer, Head of Department, European Patent Office, Germany and Peter Ganea, PhD, Deputy Director, Tongji Sino-European Innovation Policy and Law Research Center, Shanghai International College of Intellectual Property, China