NDLI: Added Subject-Matter in Chinese and European Patent Law

Content Provider	Springer Nature Link
Author	Xu, Fangming
Copyright Year	2015
Abstract	Regarding the “scope of disclosure” in Sec. 33 of the Chinese Patent Act, there are constantly different views on the extent to which the term is included in practice among the examining division, patent attorneys and judicial branch. In 2011, the Supreme People’s Court of China issued its first decision (the Epson case) with the allowability of amendments, stating that the “scope of disclosure” could include content that is obvious to an ordinarily skilled person in the art. In 2013, the Supreme Court issued a second decision regarding the same Epson case upon the request of Epson Corporation, in which it removed the “obvious” expression in the previous decision and underscored the importance that the contents of an application should be seen as a whole. Afterwards, the Supreme Court reinterpreted the meaning of “scope of disclosure” in another decision (the Shimano case), indicating the “scope of disclosure” should be understood as the overall information presented by the original application. Focusing on added subject-matter, this article discusses the key term “scope of disclosure” in the Chinese Patent Act and compares the practice between the SIPO and the EPO on the basis of the Epson and Shimano cases.
Starting Page	155
Ending Page	174
Page Count	20
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	46
Issue Number	2
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2015-03-10
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Technical information Scope of disclosure Epson case Added subject-matter International IT and Media Law, Intellectual Property Law Shimano case
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

International Influence – TRIPS and Patentable Subject-Matter

United Kingdom Patent Decisions 2014

United Kingdom Patent Decisions 2013

“Leflunomid” : European Patent Convention, Art. 56; Patent Act, Sec. 4

Conflicts of Laws in Proceedings Before the European Patent Office

“Gelomyrtol” : European Patent Convention, Art. 54(2); Patent Act, Sec. 3(1)

3D Printing and Patent Law: A Disruptive Technology Disrupting Patent Law?

“Encryption Process” (Verschlüsselungsverfahren) : European Patent Convention, Art. 138(1)(c)

“Lift Multi-Group Control System” : European Patent Convention, Art. 56

Added Subject-Matter in Chinese and European Patent Law

Similar Documents

International Influence – TRIPS and Patentable Subject-Matter

United Kingdom Patent Decisions 2014

United Kingdom Patent Decisions 2013

“Leflunomid” : European Patent Convention, Art. 56; Patent Act, Sec. 4

Conflicts of Laws in Proceedings Before the European Patent Office

“Gelomyrtol” : European Patent Convention, Art. 54(2); Patent Act, Sec. 3(1)

3D Printing and Patent Law: A Disruptive Technology Disrupting Patent Law?

“Encryption Process” (Verschlüsselungsverfahren) : European Patent Convention, Art. 138(1)(c)

“Lift Multi-Group Control System” : European Patent Convention, Art. 56

Added Subject-Matter in Chinese and European Patent Law