China Patent Strategy

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  • Biotech,  China,  Divisional Applications,  Inventions,  Patent Law,  Pharma,  prosecution

    Compositions Limited by Use: A Cautionary Tale

    October 26, 2022

    Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims limited by use” (emphasis added). Note: this rule only applies to compositions claims, not composition of matter claims directed towards a single active ingredient. Compositions are defined as any combination/mixture of two or more components, such as pharmaceutical formulations (active ingredient + excipients) or mixtures of various ingredients. How does the Examiner determine whether there…

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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

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  • Biotech,  China,  Court Cases,  Courts,  Invalidation,  Inventions,  Patent Law,  Pharma

    How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

    October 19, 2022

    Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated from any medicinal use. Recently, we have noticed a worrying trend of such “food safety” type rejections impacting a broader class of inventions, even for inventions that are not directed towards the food itself. Here is one such case. Manufacturing Methods for Making a Plate The patent application[1] at issue is directed towards a method…

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    eagleip No Comments

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  • First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)

Recent Posts

  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
  • Mar 08, 2023 First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Jan 04, 2023 BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Dec 13, 2022 Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Nov 24, 2022 China Proposes New Examination Guidelines for Utility Models
  • Nov 17, 2022 China Announcing More Proposed Amendments to the Examination Guidelines in 2022
  • Nov 09, 2022 US vs CN: National Security Clearance Requirements
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