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New! 4th Amendment of the Patent Law

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New Policies to Promote Importation of Innovative Drugs

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Post Filing Data for Chemical Compounds

  • China,  China Patent Office,  Court Cases,  Courts,  Invalidation,  Inventions,  Patent Law,  Top 10 IP Case

    Top 10 China IP Board Case 2022 – Validity of RNAi Inventions

    December 4, 2023

    Decision on Examination of Request for Invalidation (No. 58530) In one of China’s Top 10 Patent Re-examination / Invalidation cases of 2022, an invalidation decision on a patent claiming Hepatitis B Virus (HBV) RNAi compositions (No. 58530) by the Patent Re-examination Board (the “Board”) sheds light on the standard for post filing data for rejections against sufficiency and inventive step, issues often faced in the biopharmaceutical field, particularly with regards to inventions with sequence listings. This case, between Alnylam Pharmaceuticals Inc. (the “Patentee”) and Zhang Yuan (the “Petitioner”), also marks the first-ever invalidation decision in China for a patent related to RNAi. RNAi has been gaining traction in the pharmaceutical…

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  • 48 Typical Cases,  Biotech,  China,  China Patent Office,  CNIPA,  Court Cases,  Inventions,  Judgement Digests,  Patent Law,  Pharma

    Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case

    November 27, 2023

    Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well as new types of IP cases in high tech fields. Despite the fact that SPC judgments are not precedentially binding on lower courts, they are still very persuasive and provide insights into the types of decisions that are considered “model decisions” by the SPC. This case was one of the 48 “typical” cases and deals…

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  • China,  China Patent Office,  CNIPA,  Patent Law,  Updates and Changes

    Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved

    November 10, 2023

    On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the “Implementation Regulations of the Patent Law of the People’s Republic of China (Revised Draft)” was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see our previous article summarizing the draft Implementation Rules). Considering the 4th Amendment of the new Chinese Patent Law was passed in October 2020, we have certainly been waiting a long time for more details about how this law will be implemented. This document is not publicly available yet. However, the announcement provides a summary of…

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  • Dec 04, 2023 Top 10 China IP Board Case 2022 – Validity of RNAi Inventions
  • Nov 27, 2023 Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
  • Nov 10, 2023 Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators

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Popular Posts

  • New Policies to Promote Importation of Innovative Drugs
  • Foreign companies transferring IP out of China: things to know
  • Is it Sufficient to Claim an Antibody only by Describing its Antigen?
  • Can Post Filing Data Overcome Inventive Step in China?
  • No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

Recent Posts

  • Dec 04, 2023 Top 10 China IP Board Case 2022 – Validity of RNAi Inventions
  • Nov 27, 2023 Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
  • Nov 10, 2023 Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
  • Mar 08, 2023 First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Jan 04, 2023 BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Dec 13, 2022 Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
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