An Update on Sufficiency and Inventiveness of RNAi Patents in China RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies. The first-ever invalidation decision in China for an RNAi patent1 was rendered in 2022 by the Patent Re-examination Board (the “Board”). We previously wrote about this case, which discussed the standards for post-filing data, sufficiency, and inventive step, particularly for RNAi inventions. Since then, two newer cases involving RNAi have also been upheld by the Board after facing similar…
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- Biotech, China, China Patent Office, CNIPA, Inventions, national phase entry application, Patent, Patent Re-examination and Invalidation Department, PCT, PRD, Priority
Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
The high-profile disputes surrounding an important CRISPR patent belonging to The Broad Institute, MIT and Harvard (hereinafter “the proprietors”) has attracted a lot of attention in recent years, particularly regarding the validity of priority rights that were challenged worldwide. In Europe, the patent was famously revoked by the European Patent Office (hereinafter “EPO”) due to an invalid priority claim1, though recent decisions by EPO suggest a dramatic shift in EPO’s approach that may lead to a different outcome2. Today, we will discuss the decision of the Chinese National Intellectual Property Administration (hereinafter “CNIPA”) in determining whether the proprietors’ priority claims in their CRISPR patent in China were valid, given discrepancies…
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AI is magical but NOT magic! Be specific in your AI patents!
What is the standard of sufficient disclosure for AI-related patents: A case study in China The rapid growth of AI patent applications present significant challenges to existing patent application and examination practices. One of them is satisfying the requirement for sufficient disclosure. The following case was featured in the 2023 CNIPA Compilation of Key Decisions on Patent Reexamination and Invalidation Cases (“2023 Compilation”) as an example to elucidate the current standards for sufficient disclosure in examining AI patent applications in China. Rejection of Alipay’s AI + Brainwave Patent The applicant Alipay1 had a Chinese Patent2 on an invention relating to a method and system that trains and utilizes AI models…
