CPA's Winning Case Representing Foreign Client Selected into Judgment Digests 2023 of China's National-Level IP Court
Recently, the Supreme People's Court of China (SPC) released the "Judgment Digests of the Intellectual Property Court of the Supreme People's Court (2023)" ("Judgment Digests 2023"). The Judgment Digests 2023 contain 104 adjudication rules extracted from 96 cases, which were selected from the 4,562 cases concluded by the Intellectual Property Court of the SPC in 2023. The adjudication rules help explicate the Intellectual Property Court's judicial philosophy, trial reasoning, and adjudication methods in handling intellectual property and monopoly cases in the technology field.
We are pleased to share that among the cases selected for the Judgment Digests was a patent action handled by China Patent Agent (H.K.) Ltd. (CPA) on behalf of a Japanese client, which contributed to the formulation of the 11th adjudication rule under patent grant and validation section in the Judgment Digests, by spelling out the principle of judgment on "whether the claims of the invention patent involving protein defined by a specific amino acid sequence can be supported by the description". In this case, CPA represented our client as the patentee and won a favourable decision, thus maintaining the validity of the patent in question and safeguarding the client's legitimate rights and interests.
