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  • China,  Court Cases,  Invalidation,  Pharma

    Markush claims in China – what can be arbitrarily deleted during invalidation?

    December 4, 2018

    Since 2010, the China 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. This case (Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd) describes an invalidation request of Daiichi Sankyo’s Chinese invention patent 97126347.7 related to processes of preparing pharmaceutical compositions for treating or preventing hypertension. The patent covered the marketed hypertension drug Olmesartan medoxomil. During…

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Recent Posts

  • Jul 04, 2022 SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit
  • Jun 30, 2022 China Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results
  • Jun 16, 2022 What Kind of Damage Awards Can You Get in China?
  • Jun 02, 2022 China Releases Draft Implementation Guidelines for the Drug Administration Law
  • Apr 11, 2022 How Smart is a “Skilled Person in the Art”?
  • Apr 04, 2022 Patent Eligibility for Software in China
  • Feb 11, 2022 China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
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