Abstract This report provides a comprehensive and in-depth analysis of the standards for determining novelty in the context of US patent examination. The report is based on the Manual of Patent Examining Procedure (MPEP), the official guidelines followed by the United States Patent and Trademark Office (USPTO) for patent examination. It…
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Determining Inventiveness According to the China Patent Examination Guidelines
Abstract This article provides a comprehensive analysis of the criteria for determining inventiveness in China’s patent system. Based on the Patent Law of the People’s Republic of China and the Patent Examination Guidelines, inventiveness is a key substantive criterion for granting invention patents. The article systematically explains the legal definition of inventiveness, the…
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A Tutorial on Determining Similarity of Graphic Marks in U.S. Trademark Examination: Based on the TMEP Guidelines and Judicial Practices
Abstract This report provides a comprehensive and structured tutorial on how to determine the similarity of graphic marks in the context of U.S. trademark examination, based on the guidelines outlined in the Trademark Manual of Examining Procedure (TMEP). The tutorial delves into the core principles of visual similarity assessment, particularly the “overall…
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Tutorial on Determining Similarity of Graphic Trademarks in China
Chapter 1 Introduction: Institutional Framework and Practical Value of Graphic Trademark Similarity Examination 1.1 Uniqueness and Complexity of Graphic Trademark Examination Within China’s trademark legal system, determining the similarity of graphic trademarks stands as one of the most technically challenging areas of examination. Unlike text trademarks, which can be comparatively…
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Judgment on the Similarity of U.S. Word Trademarks
This article aims to provide a detailed guide for trademark applicants, legal practitioners, and individuals interested in U.S. trademark law on how to judge the similarity of word trademarks in accordance with the Trademark Manual of Examining Procedure (TMEP) of the United States Patent and Trademark Office (USPTO). The report systematically expounds…
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A Brief Guide for Foreign Companies on Trademark Registration in China
IntroductionFor foreign companies seeking to protect their brands in the Chinese market, understanding the trademark registration process is crucial. China’s trademark system operates on a “first-to-file” principle, meaning the first applicant to register a trademark typically obtains the rights, regardless of prior use. This guide outlines the key steps and…
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Understanding Trademark Nice Classification: A Professional Guide
The Nice Classification system stands as one of the most fundamental frameworks in international trademark law, yet many businesses and even some legal professionals struggle to navigate its complexities effectively. As trademark registration becomes increasingly global, understanding this system is not just helpful—it’s essential for protecting your brand across multiple…
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Understanding the Categories of Trademarks: A Practical Guide for Businesses
When building a brand, your trademark is more than just a logo or name—it’s the legal backbone of your brand identity. But not all trademarks are created equal. In fact, trademark law recognizes different categories, each with its own level of legal protection. If you’re starting a business or rebranding,…
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Foreign Natural Persons Applying for Patents in China – Basic Requirements for Foreign Natural Persons to Apply for Patents
1.1 Qualifications and Conditions for Applicants Foreign natural persons applying for patents in China must first clarify whether they are eligible to apply. According to the Patent Law of the People’s Republic of China and relevant regulations, the qualification of foreign natural persons to apply for Chinese patents is divided…
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Comparison between the types of enterprises in US and China
Table 1: Detailed Explanation of Major U.S. Business Types Business Category Subtype Definition Core Characteristics Typical Use Cases Sole Proprietorship Sole Proprietorship A business form where an individual operates directly without a separate legal entity 1. No need to register as a legal entity; business activities are fully tied to…