CPA Senior Litigators Invited to Consultative Forum to Discuss Draft SPC Interpretation on Patent Grant & Affirmation Adjudication

On 13 June 2017, the Intellectual Property Tribunal of the Supreme People's Court of China (SPC) hosted a consultative forum to discuss the Draft Interpretation of SPC on Patent Grant and Affirmation Adjudication, which addresses the judicial review of decisions made by Patent Reexamination Board (PRB) in respect of patentability and patent validity.
The SPC IP Tribunal's Vice Presiding Judge Lin Guanghai attended the forum and delivered a speech. The forum was participated by about 40 representatives from SPC, Beijing Higher People's Court, Beijing Intellectual Property Court, State Intellectual Property Office, PRB, colleges and universities, enterprises, and IP industry. China Patent Agent (H.K.) Ltd. (CPA) Beijing Office deputy director Mr. Wu Yuhe and Shanghai Office deputy director Mr. Xiong Yanfeng were also present. Mr. Wu and Mr. Xiong were among a handful of patent litigators who were invited to attend the forum and share their views on the subject.
During the forum, Presiding Judge Li Jian, author of the Draft Interpretation, expounded the guiding principles and latest progress of the Draft Interpretation. After that, in-depth and enthusiastic discussion was conducted to delve into key and tricky issues in practice, including those related to the conditions and standards of granting of invention, utility model, and design patents in patent administrative litigation, as well as the legal procedures and scope of authority of patent-related administrative review.