Page 13 - 2020 Policy Watch-Comparison of Secret Sale Patent
P. 13
The American Chamber of Commerce in South China
The judgement [(2012) No.1555 Administrative Final ??º¬å¸??级人æ°?????2012å¹?11??30?¥ä??ºç???
Judgement of the High People?? Court] made by Bei- ï¼?2012ï¼??è¡??å??1555?·ã???????¿å??³ä¹¦äº?
jing High Court on 30th November 2012 has corre- ???åº??认å???
sponding findings.
Like Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., æ£å?Helsinn Healthcare S.A. v. Teva Pharms. USA,
a sales contract was signed before the patent?? filing Inc.æ¡???³è??¥å?ç¾è??????????????æ³????
date. However, both the Court and the PREB held that PREB?½è?为å???????为没?????????????
if the technology in the sale was not disclosed to the ????????ä¼??æ³??è§???????容ï?????????
public, or unobtainable to the public, its patentability 为ï?ä¸?½±???ä¸???§ã??
will not be affected by the sale.
13
The judgement [(2012) No.1555 Administrative Final ??º¬å¸??级人æ°?????2012å¹?11??30?¥ä??ºç???
Judgement of the High People?? Court] made by Bei- ï¼?2012ï¼??è¡??å??1555?·ã???????¿å??³ä¹¦äº?
jing High Court on 30th November 2012 has corre- ???åº??认å???
sponding findings.
Like Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., æ£å?Helsinn Healthcare S.A. v. Teva Pharms. USA,
a sales contract was signed before the patent?? filing Inc.æ¡???³è??¥å?ç¾è??????????????æ³????
date. However, both the Court and the PREB held that PREB?½è?为å???????为没?????????????
if the technology in the sale was not disclosed to the ????????ä¼??æ³??è§???????容ï?????????
public, or unobtainable to the public, its patentability 为ï?ä¸?½±???ä¸???§ã??
will not be affected by the sale.
13
