This article is a part of a larger article that highlights the newest draft implementation rules of the new Chinese Patent Law. This particular article takes a detailed dive into the patent term extension/adjustment provisions. One of the biggest and most exciting provisions in the newly amended patent law is patent term extension for delay caused by the patent office (PTA) or by the drug regulatory approval process (PTE). In general, the Chinese version seems to be modeled off of existing systems in other jurisdictions around the world (e.g., the US), and as a whole seem reasonable to us. For the sake of easy understanding, we shall use the equivalent…
- Biotech, China, Patent Term Extension, Pharma, Proposed Changes, prosecution, Regulatory, Updates and Changes
- Biotech, China, Patent Linkage, Patent Term Extension, Pharma, Proposed Changes, Updates and Changes
China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
The China National Intellectual Property Administration (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited to, draft measures with the National Medical Products Administration (NMPA) relating to patent linkage, draft examination guidelines, and what we’ll discuss today, draft implementation rules of the new patent law. We are encouraged that CNIPA is engaging the public, allowing any member of the public to submit comments within a specific timeframe. We…
-
China Releases Draft Examination Guidelines for the new Patent Law
The Chinese Patent Office (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited to, draft measures with the NMPA relating to patent linkage, draft implementation rules of the new patent law, and what we’ll discuss today, draft examination guidelines in light of the new patent law. We are encouraged that CNIPA is engaging the public, allowing any member of the public to submit comments within a (albeit very…