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Qiang Lin

joined Beijing East IP in 2004 and currently heads the EECS Patent Team at Beijing East IP with over 15 years of experiences practicing intellectual property laws in China. Mr. Lin has represented many multinational companies in patent prosecution before CNIPA (formerly known as SIPO) and has been helping many Fortune 500 multinational corporations managing their patent portfolios in China. As an attorney-at-law, Mr. Lin also has rich experiences in litigation, including before the Patent Reexamination Board and courts at all levels. Mr. Lin’s primary technical specialty covers optical engineering, communication, computer software, Internet, control and IC. Mr. Qiang Lin obtained a B.S. degree in Optical Engineering & Photoelectric Instrument from Zhejiang University, and a M.S. Degree in Computer Technology and Application from Institute of Software of Chinese Academy of Science. Mr. Lin also has three years of research experience at Shanghai Institute of Optics and Fine Mechanics, Chinese Academy of Sciences.

Recent Articles by Qiang Lin

The Long-Awaited Fourth Amendment to the Chinese Patent Law: An In-Depth Look

On October 17, 2020, the Standing Committee of the Thirteenth National People’s Congress (China’s top legislature) passed the Fourth Amendment to the Chinese Patent Law, which will become effective on June 1, 2021 (“Effective Date”). As I was digesting the news and browsing through the 29 newly published changes made to the previous version of the Chinese Patent Law, which was passed in 2008, a line from “The Song of the Pipa Player”, a popular poem written in 816 A.D. by Bai Juyi (one of the three most famous poets in China’s Tang Dynasty), came to mind: “Only after our repeated calls did she appear; her face half hidden behind the pipa she held.” Indeed, while the First, Second, and Third Amendment to the 1984 Chinese Patent Law each came out with clockwork precision eight years after the previous enactment—in 1992, 2000, and 2008, respectively—this Fourth Amendment took 12 years to incubate, and struck a number of new areas that will need to be further revealed in future practice.

A Comparative Look at Patent Subject Matter Eligibility Standards: China Versus the United States

Much has happened to the patent subject matter eligibility standard in the U.S. since Mayo. On April 27, 2020, Judge Paul Michel and John Battaglia published an excellent article on IPWatchdog analyzing the U.S. Section 101 patent subject matter eligibility jurisprudence. In that article, Judge Michel and Battaglia reminded judges and practitioners to reference “the more-favorable foreign patent laws on the patent eligibility for diagnostic testing, business methods and software … in countries such as England, China, or the European Union … to inform such a judicially created ineligibility standard, as opposed to the U.S. Constitution or a federal statute.”  Here, we take a quick comparative look at the current patent subject matter eligibility standard in China.