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Book Chapter: Invalidation Judgement: Implications to the Reform of Short-Term Patent System and IP Court
Title | Invalidation Judgement: Implications to the Reform of Short-Term Patent System and IP Court |
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Authors | |
Issue Date | 2017 |
Publisher | City University of Hong Kong Press. |
Citation | Invalidation Judgement: Implications to the Reform of Short-Term Patent System and IP Court . In Liu, KC (Eds.), Annotated Leading Patent Cases in Major Asian Jurisdictions, p. 69-82. Hong Kong: City University of Hong Kong Press, 2017 How to Cite? |
Abstract | This is a recent patent infringement case in Hong Kong, which involves a short term patent No. 1150416 for a construction method for extracting building piles in the ground. The plaintiff claimed that its short term patent was infringed by the defendant, while the defendant raised the defense of patent invalidity due to lack of sufficient disclosure and lack of novelty and inventive steps. The High Court invalidated the patent, and dismissed the claim of infringement. However, its reasoning leaves room for improvement, and implicates the need for further reform of Hong Kong’s short-term patent system but not the court system. |
Persistent Identifier | http://hdl.handle.net/10722/263755 |
ISBN | |
Series/Report no. | ARCIALA Asian IP Law Series |
DC Field | Value | Language |
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dc.contributor.author | Li, Y | - |
dc.date.accessioned | 2018-10-22T07:43:59Z | - |
dc.date.available | 2018-10-22T07:43:59Z | - |
dc.date.issued | 2017 | - |
dc.identifier.citation | Invalidation Judgement: Implications to the Reform of Short-Term Patent System and IP Court . In Liu, KC (Eds.), Annotated Leading Patent Cases in Major Asian Jurisdictions, p. 69-82. Hong Kong: City University of Hong Kong Press, 2017 | - |
dc.identifier.isbn | 9789629373078 | - |
dc.identifier.uri | http://hdl.handle.net/10722/263755 | - |
dc.description.abstract | This is a recent patent infringement case in Hong Kong, which involves a short term patent No. 1150416 for a construction method for extracting building piles in the ground. The plaintiff claimed that its short term patent was infringed by the defendant, while the defendant raised the defense of patent invalidity due to lack of sufficient disclosure and lack of novelty and inventive steps. The High Court invalidated the patent, and dismissed the claim of infringement. However, its reasoning leaves room for improvement, and implicates the need for further reform of Hong Kong’s short-term patent system but not the court system. | - |
dc.language | eng | - |
dc.publisher | City University of Hong Kong Press. | - |
dc.relation.ispartof | Annotated Leading Patent Cases in Major Asian Jurisdictions | - |
dc.relation.ispartofseries | ARCIALA Asian IP Law Series | - |
dc.title | Invalidation Judgement: Implications to the Reform of Short-Term Patent System and IP Court | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Li, Y: yali@hku.hk | - |
dc.identifier.authority | Li, Y=rp01260 | - |
dc.identifier.hkuros | 295446 | - |
dc.identifier.spage | 69 | - |
dc.identifier.epage | 82 | - |
dc.publisher.place | Hong Kong | - |