China Patent Strategy

Latest Updates on the IP Landscape in China

  • Eagle IP
  • About Our Contributors
  • Eagle IP
  • About Our Contributors
  • Biotech,  China,  Court Cases,  Invalidation,  Pharma

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Since 2010, the Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses what is considered allowable claim scope around sequences. It is well known that China has strict requirements when it comes to adequate written description and support in the specification. Chinese Patent Law Article 26(4) says that “all claims must be supported by the description and shall define the extent of the patent protection sought for…

    Read More
    eagleip No Comments

    Related Posts

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

    Diagnostic Claims in China

    January 9, 2020

    The Latest on Post-Filing Data in China’s Patent Law

    April 29, 2020
  • China,  Court Cases,  Invalidation,  Inventions,  Pharma

    Can Post Filing Data Overcome Inventive Step in China?

    November 19, 2018

    Since 2010, the Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses post filing data in China patents. Post Filing Data in China Can post-filing data showing unexpected technical effect be used to overcome inventive step if the specification contains no data but asserts the unexpected technical effect? In short, the answer is no, post-filing data cannot be used to overcome inventive step even if the idea…

    Read More
    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • Biotech,  China,  Court Cases,  US,  Written Description

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

    Things may be brewing with respect to antibody inventions. Just how much description is sufficient? After losing in the Federal Circuit, Amgen has decided to ask the US Supreme Court to weigh in on a standard that could vastly influence the pharmaceutical and biotech industry. The story relates to Repatha™, an LDL-lowering drug from Amgen whose active ingredient is a monoclonal antibody called evolocumab. The monoclonal antibody binds to PCSK9 protein, preventing it from destroying LDL receptor protein (LDL-R), a protein that removes LDL from the bloodstream. Amgen sued Sanofi, who created its own PCSK9 antibody. Sanofi sued back, arguing that Amgen’s patents were invalid for failing to comply with,…

    Read More
    eagleip No Comments

    Related Posts

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Diagnostic Claims in China

    January 9, 2020

    The Latest on Post-Filing Data in China’s Patent Law

    April 29, 2020
 Older Posts

Subscribe!

Don't miss a post! Subscribe here to join our mailing list. We will never share your contact information with anyone else.
Loading

Recent Posts

  • 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)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

Categories

Archives

  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • July 2022
  • June 2022
  • April 2022
  • February 2022
  • December 2021
  • October 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • April 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018

Popular Posts

  • Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • 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
  • BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

Recent Posts

  • 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)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Nov 24, 2022 China Proposes New Examination Guidelines for Utility Models
  • Nov 17, 2022 China Announcing More Proposed Amendments to the Examination Guidelines in 2022
  • Nov 09, 2022 US vs CN: National Security Clearance Requirements
  • Oct 26, 2022 Compositions Limited by Use: A Cautionary Tale
  • Oct 19, 2022 How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law
© 2023 Eagle IP Limited
Savona Theme by Optima Themes