China E-ventions
Patent News from the Middle Kingdom
Vol. 3 , No. 4 - April 10, 2003
LEHMAN, LEE & XU OPENS SHENZHEN OFFICE Lehman, Lee & Xu is pleased to announce the opening of its new office in Shenzhen, Guangdong Province. Please direct all inquiries to attorney Zdravko Jelic at | |
TOPICS THIS ISSUE:
- Patentability of Genes
- 3Com Denies Huawei is a Patent Risk
- Chinese Patent on AIDS Diagnostic
- China Mobile Unlikely to Adopt Homegrown 3G-Datang
- Major Breakthrough in Tumour Treatment Patented
Patentability of Genes
A gene is a hereditary unit consisting of a sequence of deoxyribonucleic acid (DNA) that determines a specific characteristic in an organism. As genes or DNA are natural substances they are classified as discoveries and not inventions.
According to Article 25 of the Chinese Patent Law, no patent right will be granted for scientific discoveries. However, where the gene or DNA is separated or extracted from the natural world for the first time or a DNA sequence has been identified having not been recorded as prior art, and is able to be accurately expressed and has industrial exploitation value, the gene or DNA and the process by which the gene or the DNA can be obtained are all patentable. Genetically modified animals or plants will not be granted patent rights. The following examples are illegal inventions and cannot be patented:
- The process for cloning humans or cloned humans;
- The process for changing the inherent identity of the human reproductive system;
- The exploitation of human embryos for industrial or commercial purposes;
- The process of changing animals' inherent identity that may result in animal suffering and has no substantial benefit to human or animal medical treatment.
Personalizing Patents in 2003 In this issue we profile patent attorney Jeffrey Huang. Jeffrey hails from Hubei province, Central China and now makes his home in Beijing. He obtained his Mechanical Engineering qualification from the Harbin Institute of Technology in northern China before completing his JD degree at Beijing University. Jeffrey is admitted to the Bar in China. Before joining Lehman, Lee & Xu in 2002, Jeffrey spent several years as a patent examiner with the State Intellectual Patent Office (SIPO). He has a vast amount of industry experience in drafting and prosecuting mechanical, design and software patent applications. Jeffrey speaks both Chinese and English and also has experience in research and development, as well as protecting and licensing patents. | Please get in touch at:jhuang@lehmanlaw.com | | | |
3Com Denies Huawei is a Patent Risk
3Com doesn't believe that its new joint venture with Huawei will infringe any Cisco patents, although it believes that Cisco's lawsuit against Huawei has dramatically raised its Chinese vendor's profile.
The joint venture will allow 3Com to sell Huawei switches and routers outside China and Japan.
3Com is investing $160m (RMB 1.3 billion) into the joint venture, which will also see some 3Com products sold within China and Japan. Huawei's previous effort to enter Western markets, under its own brand, met with difficulties when Cisco sued over alleged patent infringements.
"We're aware of a dispute in the US, between Huawei and Cisco," said Buddie Ceronie, area sales director for 3Com in the UK. "No products in the joint venture, or sold by 3Com, will infringe any patents."
Mr. Ceronie said there is no connection between Cisco's lawsuit and Huawei's decision to take a partner outside China. However, 3Com sees a positive side to the dispute, "Cisco has done a remarkable job of branding this company. Cisco has made it a global name, when a year ago no one had heard of Huawei" says Mr. Ceronie.
With the majority of Huawei's US$3 billion business being conducted within China, 3Com hopes to use its very good brand and a sophisticated distribution channels, as "neither of us could craft an optimal business model alone" said Mr. Ceronie.
(Source: ZDNet.co.uk)
Chinese Patent on AIDS Diagnostic
Chinese scientists have developed a new method to diagnose the human immunodeficiency virus (HIV), which leads to AIDS, within five minutes.
The reagent, developed by bio-medical company Keju based in Tianjin, is claimed to be the first of its kind in China.
The reagent, HIV1+2, can identify both the disease and its types in five minutes and can be used either before or after operations, in blood collecting, community medical services and physical examinations, the developers said.
The new method has received a state patent and has been put into production.
(Source: Xinhua News Agency)
Need to File a Patent or Trademark in China? Contact LLX at mail@lehmanlaw.com and click below to download a Power of Attorney: | | |
China Mobile Unlikely to Adopt Homegrown 3G-Datang
According to Tang Ru'an, Chief Operating Officer of China Datang Mobile Communications Equipment Co Ltd, the developer of a Beijing-backed third-generation mobile standard, the top mainland mobile telephone carrier China Mobile (Hong Kong) Ltd will probably adopt a rival European technology.
The current-generation GSM standard was developed in Europe and is the prevalent standard globally, with most carriers using the technology expected to choose WCDMA when they upgrade. The home-grown 3G standard Datang is developing, called TD-SCDMA, is a potential rival to Europe's WCDMA and the CDMA2000 standard developed by U.S.-based Qualcomm Corp
Qualcomm, which collects royalties on every CDMA chipset sold has patent claims on both WCDMA and CDMA2000, and is expected to assert intellectual property claims on TD-SCDMA.
Tang said that his company was willing to discuss such issues with Qualcomm, although the two have not yet done so.
Presently, China has to buy its mobile equipment from foreign vendors or pay royalties in order to manufacture the products themselves and hopes to use its position as the world's largest mobile telephone market to establish its own mobile standard.
Analysts expect Beijing to grant 3G mobile licenses late this year or early in 2004. Fixed-line giants China Telecom and China Netcom are expected to receive the licenses, along with China Mobile and its rival China Unicom.
China Unicom, which has built a current generation CDMA network alongside its GSM system, is expected to choose Qualcomm's CDMA2000.
Some analysts expect that China would require at least one of its two big fixed-line carriers to adopt the homegrown TD-SCDMA. Last year China set up an alliance of eight domestic firms to back the standard.
(Source: Reuters News Service)
Major Breakthrough in Tumour Treatment Patented
A super gamma ray machine developed by Chinese scientists has accomplished a 90% success rate in treating tumours it has been recently reported.
Following clinical trials the companies that built the machine have been granted a patent for their invention.
The new system constitutes a technological breakthrough in the gamma stereotactic radiotherapy field. It is hoped that the machine will dramatically improve the survival rate of cancer patients.
The Super Gamma System is the first of its kind in the world for treating both brain and body cancers, said Liu Guangwu, a senior engineer in charge of the system. It boasts high precision and has limited side effects for the patient.
Jointly developed by Shenzhen Hyper Technology Co Ltd and Shenzhen Jiancheng Investment Co Ltd, the system has been given a production permit by the State Drug Administration.
"Radiation therapy is an important cancer treatment," said Yin Weibo, a professor with the Tumour Hospital under the Chinese Academy of Medical Sciences.
The Super Gamma System has, to date, been used at the Shandong Tumour Hospital and a Beijing hospital.
(Source: Xinhua News Agency)
Lehman Lee & Xu
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China E-ventions is intended to be used for news purposes only. It should not be taken as comprehensive legal advice, and Lehman, Lee & Xu will not be held responsible for any such reliance on its contents.
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