Patent Law in Greater China: 2nd Edition

Editors

Stefan Luginbuehl (Editor); Peter Ganea (Editor)

ISBN: 9781789900323

Published: May 2026

Format: Hardcover

Language: English

Publisher: Edward Elgar Publishing Limited

Description

This thoroughly revised second edition provides a comprehensive assessment of China's recently updated patent law and related secondary legislation. Written by leading practitioners and scholars, it examines current policy and patent law developments across Greater China, offering practical guidance on technology transfer, patent prosecution, the reformed employee inventions system, and patent litigation strategy.

Key Features

Evaluates China's current patent policy and strategic direction; analyzes substantive patent law together with PCT and national application procedures; addresses emerging issues around standard-essential patents in an increasingly globalized IP system; covers patent law developments specific to pharmaceuticals, software, and AI-related inventions; draws on extensive case law covering claims interpretation, infringement, and invalidation proceedings; explains current utility model and design protection.

Coverage

Patent policy and strategy in the People's Republic of China; technology transfer; substantive patent law prerequisites; biotechnological, chemical and pharmaceutical inventions; software-related inventions; employee inventions; patent examination and PCT application procedure; the dual enforcement system and administrative patent infringement proceedings; patent litigation, damages and compensation; patent invalidation and its interplay with infringement proceedings; enforcement of standard-essential patents; utility models and designs; and parallel patent systems in Chinese Taipei (Taiwan), Hong Kong SAR and Macao SAR.

For international practitioners, three applications stand out: cross-border patent prosecution strategy, where the procedural chapters help align PCT filings with PRC examination practice; litigation and enforcement planning, where the dual enforcement system chapters (administrative and court) help foreign counsel anticipate venue and remedy choices; and technology licensing and employee invention compliance, where companies transferring technology into China can structure agreements around the reformed employee inventions framework.

About the Editors

Stefan Luginbuehl and Peter Ganea lead a team of contributors drawn from patent law practice and academia across mainland China, Hong Kong, Taiwan and Europe, bringing direct experience in patent prosecution, litigation and policy across the Greater China region.

Table of Contents

Preface to the second edition. Part A: China's Patent Policy; Technology Transfer in China. Part B: Prerequisites for Protection; Biotechnological, Chemical and Pharmaceutical Inventions; Software-Related Inventions; Employee Inventions. Part C: Patent Examination; PCT Applications. Part D: Dual Enforcement System and Administrative Patent Infringement Proceedings; Patent Infringement Procedures and Remedies; Damages and Compensation in Patent Infringement Proceedings; Grounds and Proceedings of Patent Invalidation; Patent Litigation; Enforcement of Standard-Essential Patents. Part E: Utility Models; Designs. Part F: Patent Protection in Chinese Taipei (Taiwan). Part G: Patent Protection in Hong Kong SAR. Part H: Patent Protection in Macao SAR.

Why buy this book?

Most English-language patent law references cover the United States, the United Kingdom or Europe in depth, while China — one of the world's largest patent-filing jurisdictions — remains comparatively underserved despite the volume of cross-border IP activity that runs through it. This is one of the few current English-language references covering patent law across the full Greater China region — mainland China, Hong Kong, Macao and Taiwan — in a single volume, saving international practitioners time when advising on filing, licensing or litigation strategy that crosses these jurisdictions.

Keywords

patent law, China, intellectual property, Greater China, patent litigation, technology transfer, PCT applications, standard-essential patents

Target Audience

Patent attorneys, IP lawyers, trade counsel, policymakers, academic law libraries

Genre

Law, Intellectual Property Law, International Trade

Q&A

Q: What does the 2nd edition of Patent Law in Greater China cover?
A: China's revised patent law and secondary legislation, along with parallel patent systems in Hong Kong, Macao and Chinese Taipei — spanning policy, substantive law, application procedure, enforcement, and utility model and design protection.

Q: How does this edition address AI and software-related patent inventions in China?
A: A dedicated chapter examines software-related inventions, part of the book's coverage of emerging issues including standard-essential patents in an increasingly globalized IP system.

Q: Does the book cover patent litigation and enforcement in mainland China?
A: Yes — including the dual enforcement system, administrative infringement proceedings, damages and compensation, and patent invalidation procedures.

Q: Is patent protection in Hong Kong, Macao and Taiwan included?
A: Yes, each has dedicated coverage: Chinese Taipei (Taiwan), Hong Kong SAR and Macao SAR are addressed in separate parts of the book.

Q: Who is Patent Law in Greater China written for?
A: Patent attorneys, IP lawyers, trade counsel and policymakers advising on or operating within the Greater China region.

Q: Where can I buy Patent Law in Greater China, 2nd Edition?
A: Available through CLNZ Books, with worldwide delivery for law firms, academic libraries and individual practitioners.

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