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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Breaking News: China passes Fourth Amendment to the Chinese Patent Law
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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China Forges Ahead with Draft Measures for 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 the US “Orange Book”). Drugs must have a new drug application (NDA) on file in China in order to be listed. Patent information includes drug name,…
