China Patent Strategy

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    A Detailed Dive into China’s New Patent Term Extension Provisions

    December 11, 2020

    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…

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  • 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

    December 11, 2020

    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…

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  • Biotech,  China,  Patent Linkage,  Patent Term Extension,  Pharma,  Supreme People's Court,  Updates and Changes

    How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?

    November 20, 2020

    The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese Patent Law Adds Patent Linkage (Article 76) Linking Drug Approval to a “Clear” Patent Position In October of 2020 China passed the 4th amendment of the patent law which ushered in some sweeping changes in certain areas that are especially exciting for life science companies. One of the most important changes is the introduction of…

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Recent Posts

  • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
  • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
  • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
  • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
  • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement

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    Recent Posts

    • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
    • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
    • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
    • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
    • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement
    • Oct 28, 2020 Narrow Claim Scope of a Chinese Utility Model Patent Fuels Design-Arounds by Failing to Curb Competing Products:
    • Oct 19, 2020 Breaking News: China passes Fourth Amendment to the Chinese Patent Law
    • Oct 19, 2020 China Forges Ahead with Draft Measures for New Patent Linkage System
    • Jul 30, 2020 How Far Can an Employer Reach to Own Employee-made “Service Inventions”?
    • Jul 20, 2020 China Top 50 Case of 2019: How a Functional Feature is Construed Greatly Impacts Protection Scope – Shimano KK v. SENSAH
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