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Lu Yin Co-Authors Westlaw Today Article About How Foreign Companies Should Approach Chinese Patent Law


Lu Yin, a Denver-based partner in the Quarles & Brady Intellectual Property Group, co-authored a Westlaw Today article about what changes in recent years to Chinese patent laws mean for foreign companies. The article outlines key aspects of the law’s good faith doctrine, examples of how the law has been implemented, and implications and considerations for foreign companies.

An excerpt:

The recent update to China's Patent Law, particularly the incorporation of the good faith doctrine, marks a meaningful shift for foreign businesses operating in China. This change and subsequent implementation impact how patents are filed and enforced, introducing a legal framework aimed at curbing patent misuse and addressing the challenges posed by patent trolls and hijackers.

The good faith doctrine, detailed in both the Patent Law Implementing Regulations and judicial decisions, sets clear expectations for patent application integrity and authenticity. It serves as a safeguard against the exploitation of the patent system, providing a mechanism to challenge dubious practices effectively.

For foreign entities, compliance with the good faith doctrine is crucial. This involves avoiding identified bad-faith behaviors and adopting strategic measures such as timely patent filings, diligent monitoring of patent activities, and maintaining comprehensive records of the invention2 process.

Moreover, educating teams on the nuances of China's patent system and the good faith requirements is essential. By aligning their patent strategies with these principles, foreign companies can navigate China's legal landscape more effectively, ensuring robust protection for their innovations while fostering an environment of genuine technological advancement.



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