In China, Beijing is the most important jurisdiction for hearing cases on patent disputes. On average, the people’s courts located in Beijing receive around 300 civil patent cases per year.
In October, 2013, Beijing High People’s Court issued Guideline for Determining Infringement of Patent Right (the “Guideline” hereinafter), interpreting the rules for ascertaining the protection scope of patent right, for determining patent infringement, and for claiming non-infringement of patent right, etc.
Beijing High People’s Court once issued Opinions for Several Issues related to Determination of Patent Infringement in year 2001. In view of the judicial practice in recent years and the judicial interpretations issued by the Supreme Court of China, the recently issued Guideline further solves some newly emerged complicated problems involved in the patent disputes.
Specifically, the Guideline elaborates from the following seven aspects: 1) doctrine of equivalents; 2) means-plus-function; 3) the timing for interpreting claims; 4) special issues related to design patent; 5) classification of infringing activities; 6) indirect infringement; and 7) non-infringement arguments.The linkage below will direct you to relevant news and full text of the Guideline in Chinese.
The linkage below will direct you to relevant news and full text of the Guideline in Chinese.
Click here to download the English version of this Guideline translated by Beijing East IP.