PATENT INFRINGEMENT AS-SESSMENT GUIDELINES UNDER AMENDMENT

09/01/2004

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The Intellectual Property Office (IPO) is cur-rently preparing amendments to the Patent In-fringement Assessment Guidelines. The IPO announced a draft on 18 August 2004, and hold public hearings to solicit opinions from stake-holders. The Guidelines include two parts: Part 1, Understanding Patent Rights and Infringement, and Part 2, Principles of Patent Infringement Assessment. Their main content is as follows:

Introduction: Definition and nature of patent rights, types of patent rights, commencement of patent rights, protection term, laying-open of invention patents and right to claim com-pensation, as well as matters for attention by new utility model patentees when enforcing their patent rights.

Legal force of patent rights, limitations thereof, and reinventions.

Definition and evidence of patent infringe-ment: Definition and evidence of infringement, remedies and damage claims against in-fringement.

Matters for attention when handling patent infringement cases: Case handling principles, burden of proof, principles for handling in-fringement cases involving overlapping pat-ents.

Principles for assessing patent infringements (invention, new utility model, and new design patents): scope of application, assessment process, assessment methods, interpretation of patent claim(s) and comparison with the sub-ject under assessment, literal reading, doctrine of equivalents, estoppels, prior art defenses, etc.

Format of assessment report

Lee and Li will closely follow the progress of the amendments to the Guidelines, and keep readers updated.