IP Procurement, Counseling and Enforcement: A 10-Point Patent Checklist
May 08, 2008 | BY
clpstaff &clp articles &At an event co-sponsored by Foley & Lardner LLP and Asia Law & Practice, “China's Innovation Boom: Doing Business and Achieving Growth in China”, Foley attorneys addressed effective strategies to obtain, protect, and enforce IPR.
China has started the progression towards increased emphasis on technological leadership as its manufacturing sector matures, changing from using a “me too” copying technology to creating original, innovative technology. Meanwhile, the Chinese government is improving its IPR regime in order to promote domestic innovation: in June an Outline of National Intellectual Property Rights was unveiled, and it is expected that the third amendment to the Patent Law will be passed by the end of 2008.
As China moves towards stronger IPR protection in line with its emerging high-tech leadership role, Western manufacturing entities in China need to assess if they are adequately integrating patents into their overall business strategies. Foley's China 10-Point Patent Checklist provides a set of practical ways to protect innovation in a technology-based outsourcing operation in China:
1. China is a first-to-file country: Chinese patent applications must be filed before prototype products or new technology is publicly disclosed.
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