Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? This case demonstrates one example of how stark inconsistencies between post-filing (clinical trial) data and publicly available information led the CNIPA to reject a case because of false post-filing data submitted in violation of the “good faith” requirement. Case Background The disputed patent application, titled “A Type of Tini-Class Small Molecule Compound and Its Preparation…