China Patent Strategy

Latest Updates on the IP Landscape in China

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  • China,  Top 50 Representative Cases

    Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:

    October 28, 2020

    Learning from a 2019 China’s Top 50 Representative IP Case The number of patent applications in China is now the highest in the world, with more than half the applications filed as utility model applications (UMs). For example, there were more than 2 million UMs filed in 2018 alone (for the difference between a utility model and an invention patent in China, see here). However, less than 1% are filed by foreigners[1]. This reflects the lack of appreciation on the part of many foreign companies of what protection UMs can confer, and there is a general misunderstanding that UMs are by definition poor in quality. This misconception is fueled by…

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    November 12, 2018
  • China,  Patent Linkage,  Patent Term Extension,  Pharma,  Updates and Changes

    Breaking News: China passes Fourth Amendment to the Chinese Patent Law

    October 19, 2020

    After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of these changes were already in the proposed draft amendments that came out in 2019 and 2020, though there have also been some adjustments. Most notable aspects of this new law include (1) patent term extension due to regulatory or patent office delay (2) patent linkage between new drug approval and patent disputes; (3) litigation reform…

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  • Biotech,  China,  Patent Linkage,  Pharma,  Proposed Changes,  Regulatory,  Updates and Changes

    China Forges Ahead with Draft Measures for New Patent Linkage System

    October 19, 2020

    Update! The finalized Implementation Measures are now out. You can read the details here: Breaking: China Released New Implementation Measures for the New Patent Linkage System Last month September 11, 2020, China’s National Medical Products Administration (NMPA) and the China National Intellectual Property Administration (CNIPA) jointly issued a draft set of measures for public opinion about early dispute resolution mechanisms for drug patents, what is referred to as a patent linkage system. Below is a summary highlighting key provisions. Creation of an “Orange Book” List The NMPA will create a public registration platform that will list patent information for all drugs marketed or seeking marketing authority in China (similar to…

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  • What Kind of Damage Awards Can You Get in China?
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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
  • Dec 06, 2021 CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
  • Oct 22, 2021 CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law
  • Oct 19, 2021 China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines
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