China Patent Strategy

Latest Updates on the IP Landscape in China

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  • Biotech,  China,  Inventions,  Pharma,  prosecution

    CHINA: How Prohibiting “Illegal” Inventions Runs into Food Safety Law

    October 22, 2021

    Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its face, this provision seems extremely broad, undefined, and potentially very subjective. Whose moral standard? And how do you define “detrimental”? Because details of litigations are not always publicly available in China, we only have limited examples by which we can understand how Chinese courts and examiners interpret and apply this language. Below we highlight one…

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    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Diagnostic Claims in China

    January 9, 2020
  • Biotech,  China,  Patent Term Extension,  Pharma,  Proposed Changes,  Updates and Changes

    China Patent Office (CNIPA) Releases More Details About Patent Term Adjustment (PTA) in the Draft Examination Guidelines

    October 19, 2021

    The new 4th Amendment of the Chinese Patent Law came into effect on June 1, 2021. Right before that date, the Chinese Patent Office (“CNIPA”) released some “Interim Measures” to give us a taste of what was to come, though they have yet to released the actual Implementation Rules. Two months later, CNIPA finally released Draft Patent Examination Guidelines in conjunction with the new Patent Law. We have provided a summary of the key points at this link, and for the next several posts, we will explore some of those topics in greater detail. “PTA” in the Patent Law Patent term compensation for patent office delay, which we will refer…

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    eagleip No Comments

    Related Posts

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Diagnostic Claims in China

    January 9, 2020

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  • What Kind of Damage Awards Can You Get in China?
  • China Releases Draft Implementation Guidelines for the Drug Administration Law
  • How Smart is a “Skilled Person in the Art”?
  • Patent Eligibility for Software in China
  • China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty

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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