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Patent Law in Greater China 2nd ed

Edited by: Stefan Luginbuehl, Peter Ganea

ISBN13: 9781789900323
Previous Edition ISBN: 9781781954836
To be Published: February 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £235.00





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.

Subjects:
Intellectual Property Law, Other Jurisdictions , China
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
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