China Patent Strategy

Latest Updates on the IP Landscape in China

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    China’s Newest Examination Guidelines: Inventive Step for Biological / Life Science Inventions (Part III)

    April 30, 2021

    This is Part III of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China “shall permit pharmaceutical patent applicants to rely on supplemental data to satisfy relevant requirements for patentability, including sufficiency of disclosure and inventive step . . .” (Article 1.10). Furthermore, these new Guidelines also introduce a more rigorous approach to inventive step (to avoid Examiner hindsight!) for chemical and biological inventions, including a number of helpful examples. Part I of this series covered examples on…

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  • Biotech,  China,  Pharma,  Proposed Changes,  Updates and Changes

    China’s Newest Examination Guidelines: Novelty and Inventive Step for Compounds (Part II)

    April 29, 2021

    This is Part II of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China “shall permit pharmaceutical patent applicants to rely on supplemental data to satisfy relevant requirements for patentability, including sufficiency of disclosure and inventive step . . .” (Article 1.10). Furthermore, these new Guidelines also introduce a more rigorous approach to inventive step (to avoid Examiner hindsight!) for chemical and biological inventions, including a number of helpful examples. Part I of this series covered examples on…

    Read More
    eagleip No Comments

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  • Biotech,  China,  Pharma,  prosecution,  Updates and Changes

    China’s Newest Examination Guidelines: Post-Filing Supplemental Data for Compounds (Part I)

    April 28, 2021

    Post-filing data in China has been a constant issue for many patent practitioners around the world. Examiners seem to require it often, and yet the rules regarding when it is acceptable have seemed much stricter than other jurisdictions worldwide. In fact, we tried to summarize the latest state of the law in an earlier blog post The Latest on Post-Filing Data in China’s Patent Law back in April 2020. A lot has happened around the world this past year (to say the least). In the area of post-filing supplemental data, several different moving parts have contributed to more clarity in China on this issue. First, Phase 1 of the US…

    Read More
    eagleip No Comments

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  • Dec 04, 2023 Top 10 China IP Board Case 2022 – Validity of RNAi Inventions
  • Nov 27, 2023 Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
  • Nov 10, 2023 Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
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  • Is it Sufficient to Claim an Antibody only by Describing its Antigen?
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Recent Posts

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  • Nov 10, 2023 Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved
  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
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