3 Patent Litigation in China

Subject(s):

Monopoly — Infringement actions — Patents and know how — Jurisdictions

This chapter talks about how the Chinese Patent Law was first enacted in 1984 when China adopted the national policy of reform and opening up. Most of the terms, concepts, and principles under the Patent Law were directly transplanted from western countries and were adapted to China's special national conditions. It cannot be overstated that in patent law, “the name of the game is the claim.” Patent claims are the touchstones of patent protection, what is often referred to as the “metes and bounds” of the patentee's protected interest. Claims are comprised of words, and the words must be given meaning (or interpreted). Therefore, patent claim interpretation is the first step for the analysis of patent infringement — to identify the scope of patent rights.