For foreign applicants navigating patent litigation or invalidation in China, a common frustration is hindsight bias. Too often, CNIPA or lower courts strip down a patent into isolated technical features, find those features across disparate prior art references, and declare the invention to be “obvious”. To counter such hindsight reasoning, the core criterion has always been whether a person skilled in the art would readily conceive of such technical solution. In practice, that standard has not been applied consistently. Examiners and judges are often tempted to rely on their own intuitive standard, or worse-yet, directly use hindsight reasoning, undermining the consistency and predictability of the inventive-step analysis. A relatively recent…
- China, China Patent Office, CNIPA, Court Cases, Courts, Invalidation, Inventiveness, Patent, Supreme People's Court, Top 10 IP Case
- China, Courts, inventors, inventorship, Patent, patent application, Patent Law, Supreme People's Court
IP Update: China’s Supreme People’s Court Issues First Public Decision Defining China’s Inventorship Standard
In theory China’s inventorship standard is similar to others around the world. An inventor is anyone who “makes creative contributions to the substantive features” of an invention. But what does this mean, and how does one apply this standard? Up to this point, this issue hasn’t really been litigated much in China (at least according to publicly available records). We finally have an important case (from the top!) that clarifies this issue. We analyse a binding judgment by the Intellectual Property Court of the Supreme People’s Court (SPC) of China1. It clarifies China’s applicable inventorship standards and the potential legal consequences of omitting qualified inventors. For U.S. companies conducting R&D…
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Breaking: China Released Drug Trial Data Protection Implementation Measures
On May 15, 2026, China’s National Medical Products Administration (NMPA) officially announced the final Measures for the Implementation of Drug Trial Data Protection1 (“Measures”), effective May 15, 2026. These Measures provide important details supporting the recently announced Implementing Regulations of the Drug Administration Law (“Regulations” – also effective May 15, 2026), which formally introduced a statutory market exclusivity of up to 7 years for qualifying orphan drugs, up to 2 years for pediatric drugs, and up to 6 years data exclusivity for “new chemical entity drugs and other drugs”. Key Highlights Under the finalized Measures, the NMPA2 grants a maximum regulatory data protection (“RDP”) period of up to 6 years…




