1992 Chinese Patent Law: a comparative study of the 1984 and 1992 laws

Article Abstract:

The 1992 Chinese Patent Law contains 19 articles and is a significant improvement upon the 1984 Chinese Patent Law. Changes include more patentable items such as food, drugs and chemical products. Patent examination and application procedures have also been changed. The duration of protection has been extended and compulsory licensing is also possible. The new law fits the 1992 negotiations with the US.

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Pretax versus after-tax patent damages: do the courts have it right?

Article Abstract:

Courts should calculate the effect of taxation on awards when granting damages in patent cases. The principles of adequate and just compensation are undercut when taxation is not addressed, because damage awards are accordingly reduced below what the plaintiff is due. Five patent cases are analyzed, and a formula for adjusting awards for taxation is presented.

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Patent validity determinations of the ITC: should U.S. District Courts grant them preclusive effect?

Article Abstract:

US District Courts should give the International Trade Commission (ITC) preclusive effect for its patent decisions. This presumption of preclusiveness should, however, be rebuttable. Invalidated patent claimants should seldom be able to overturn an ITC decision, whereas respondents should be able to resort to District Courts if patents are upheld against them.

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