Patent Law cover

Patent Law

Rating 3.3
Word count
165K words
Chapters
77
ISBN
9787509392515

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Summary

This book is written for Chinese students. It is based on more than ten years of classroom teaching experience at the Law School of Beijing Foreign Studies University and incorporates useful elements from foreign legal education methods. It has two purposes: first, to substantially improve students' English language proficiency; second, to provide an in-depth and systematic understanding of the essentials of common law.

The book is written entirely in English and uses edited and abridged U.S. or U.K. court opinions. It is divided into fourteen chapters, covering topics in pre-grant patent prosecution such as introduction, novelty, utility, non-obviousness, patentable subject matter, disclosure, claims, patent examination, and post-grant amendments, as well as post-grant enforcement topics such as infringement, remedies, licensing, international applications, and current developments.

Editor's review

Patent Law, written by Professor Zheng Xiaojun, is a professional work that combines theoretical depth with practical guidance. The book systematically reviews the evolution of China's patent system, provides article-by-article interpretation and scholarly analysis of the Patent Law, and closely integrates relevant judicial interpretations and typical cases issued by the Supreme People's Court, showing how legal norms are applied in judicial practice. The author has worked in intellectual property law for many years, and the discussion reflects both a solid theoretical foundation in law and a deep concern for the protection of industrial innovation. This book is not a simple compilation of statutory provisions; rather, by building an analytical framework of "legislative background—normative interpretation—practical relevance," it helps readers understand the policy considerations and interest-balancing logic behind patent legal rules. For readers who wish to gain a systematic grasp of patent law, understand difficult issues in legal application, or conduct related research, this book provides a clear knowledge map and reliable analytical tools. Its content is detailed and its annotations are rich, making it especially suitable as a desk reference for in-depth study.

Who it's for

A good fit for

  • Law students or researchers, especially those in intellectual property law
  • Practitioners such as corporate legal counsel, intellectual property managers, or patent agents
  • Policy researchers or media professionals interested in science and technology innovation policy or the intellectual property system
  • Lawyers and judicial personnel who need to handle patent-related business or litigation

Not a good fit for

  • General readers who only wish to understand basic patent concepts or application procedures
  • Casual readers seeking light reading or fiction

Reading tips

  1. It is recommended to first read the table of contents and introduction to grasp the book's structure and core viewpoints, then choose relevant chapters for close reading according to one's needs
  2. When reading, consult official guidelines or the latest examination cases published on the website of the China National Intellectual Property Administration to obtain current practical developments
  3. For key and difficult statutory provisions, refer to the statutory index and case guidance in the appendix for further reading and comparative analysis

About the publisher

China Legal Publishing House China · Founded in 1989

China Legal Publishing House is a legal publisher overseen and sponsored by the Ministry of Justice, with the publication of standard texts of national laws and regulations as an important focus; its catalogue already contains 2,972 titles. Its publications cover fields such as criminal law, civil law, contract law, company law, real estate law and the security system, including article-by-article commentaries such as the Interpretation of the Contract Part of the Civil Code of the People's Republic of China, adjudication rules and case compilations oriented toward judicial practice such as Understanding and Applying Adjudication Rules in Contract Disputes and A Compendium of Court Views on Real Estate Cases, as well as legal classics such as On Crimes and Punishments and academic works such as The Theory of Procedural Sanctions. In terms of author resources, the publisher brings together classic legal authors such as Cesare Beccaria, scholars and practitioners such as Liu Junhai, Long Weiqiu and Zhu Shuying, and cooperates with institutions including the National Judges College and the Judicial Case Research Institute of the Supreme People's Court. Its publishing character lies in linking legal texts, scholarly interpretation and judicial application, balancing authoritative norms with practical guidance.

Contents

  1. 版权信息
  2. 前言
  3. Chapter Ⅰ GENERAL INTRODUCTION
  4. A. Brief Note on American Legal System
  5. B. Intellectual Property Law and Patents
  6. C. Justification of Patent System
  7. D. Applicable Law
  8. E. Forums and Jurisdiction
  9. Chapter Ⅱ NOVELTY
  10. A. Introduction
  11. B. Public Sale
  12. C. Use in Public
  13. D. Printed Publication
  14. Chapter Ⅲ UTILITY
  15. A. Introduction
  16. B. Chemical Compound
  17. C. Immorality
  18. Chapter Ⅳ NONOBVIOUSNESS
  19. A. Introduction
  20. B. Obviousness Test
  21. C. Motivation to Combine Prior Arts
  22. Chapter Ⅴ PATENTABLE SUBJECT MATTER
  23. A. Introduction
  24. B. Computer Programs
  25. C. Business Methods
  26. D. Laws of Nature
  27. Chapter Ⅵ DISCLOSURE
  28. A. Introduction
  29. B. Enablement
  30. C. Written Description
  31. D. Best Mode Requirement
  32. Chapter Ⅶ CLAIMS
  33. A. Introduction
  34. B. Claim Structure
  35. C. Types of Claim
  36. D. Claiming Technique
  37. E. Claim Construction
  38. Chapter Ⅷ PATENT PROSECUTION
  39. A. Introduction
  40. B. Preparing and Filing Patent Applications
  41. C. Examination
  42. D. Docketing
  43. Chapter Ⅸ POST-ISSUANCE CORRECTION
  44. A. Introduction
  45. B. Certificate of Correction
  46. C. Reissue
  47. D. Reexamination
  48. Chapter Ⅹ PATENT INFRINGEMENT
  49. A. Introduction
  50. B. Literary Meaning of Claim Language
  51. C. Indirect Infringement
  52. D. Contributory Infringement & Patent Misuse
  53. E. Infringing Use
  54. F. Doctrine of Equivalents and Its Limitations
  55. Chapter Ⅺ DEFENSE TO PATENT INFRINGEMENT
  56. A. Introduction
  57. B. Noninfringement
  58. C. Invalidity
  59. D. Unenforceability
  60. E. Patent Misuse and Antitrust Counterclaims
  61. F. Other Defenses
  62. Chapter Ⅻ REMEDIES
  63. A. Introduction
  64. B. Compensatory Damages
  65. C. Injunctions
  66. D. Punitive Damages and Attorney Fee
  67. Chapter XIII PATENT LICENSING
  68. A. Introduction
  69. B. Litigation and Settlement
  70. C. Compulsory Licensing
  71. D. Licensor Repudiation and Assignor Estoppel
  72. E. Antitrust Violations
  73. Chapter XIV CURRENT ISSUES AND DEVELOPMENT
  74. A. Introduction
  75. B. Patent Trolling
  76. C. Parallel Import, Grey Market, and Exhaustion Doctrines (D
  77. D. Unfair Trade Practices (Patent) Investigation at USITC

FAQ

Does this book include the latest amendments to the Patent Law?
The publication date of this book should be confirmed according to the specific edition. Professor Zheng Xiaojun's Patent Law usually follows legal revisions, but readers are advised to check the edition and publication date on the copyright page and compare it with the latest officially published text of the Patent Law to ensure access to the most current legal information.
Is this book suitable for readers with no legal background at all?
This book is positioned as a professional legal work with in-depth content involving a large number of legal terms and theoretical discussions. Although the author strives for clarity, readers without any legal background may still find a certain threshold. Beginners are advised to first establish basic concepts through introductory readings and then use this book for more advanced study.
Does the book include actual cases?
Yes. An important feature of this book is the integration of theory and practice. In interpreting statutory provisions, the author cites typical judicial cases for illustration. These cases help readers understand how abstract legal rules apply in specific disputes and strengthen their grasp of the practical significance of legal provisions.

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About the author

郑小军 Author

Zheng Xiaojun is an author included in the Chinese book database, with two works currently listed, both in the field of law. They are English-language case-teaching texts in a common law casebook series, covering patent law and property law respectively. Public information is limited: his nationality, dates of birth and death, education, and professional experience are not recorded, so a complete biographical outline cannot be drawn. Judging from the known works, his editorial focus is on presenting case-teaching materials in English within the common law system for readers who need access to original Anglo-American judicial decisions. Such casebooks typically center on representative cases, emphasizing the extraction of legal rules and the display of reasoning rather than merely listing statutory provisions. The two works belong to the same series, indicating a relatively concentrated selection of subject matter in patent law and property law. Overall, Zheng Xiaojun's authorial profile rests mainly on these two casebooks, and his contribution lies in providing English-language case resources that legal learners in the Chinese-language context can read directly; the specific impact awaits further public information.

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