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最高法裁定:方法专利侵权案中,设备组装调试地可作为有效管辖连结点
The Supreme People's Court establishes a groundbreaking jurisdictional rule for method patent infringement cases involving large-scale equipment that requires on-site assembly and commissioning. This ruling addresses whether the location where equipment is assembled and debugged can serve as a valid jurisdictional connection point when the alleged infringement involves a method patent embedded in the equipment's operation.
China IP
AC
AFD China
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Assessing Substantial Differences In Repeated Patent Invalidation Challenges: Prior Decisions Deserve Careful Consideration
The SPC concluded an appeal in an administrative dispute concerning the invalidation against an invention patent. The Court overturned both the first instance decision and the CNIPA's ruling. The case makes clear that when assessing inventiveness, courts and the CNIPA should avoid directly or simply assuming that a patented technical solution is obvious merely because it operates on the same principle. Inventiveness should not be easily dismissed with phrases such as "would have been easily thought of" or "would have been readily available."
China IP
AC
AFD China
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