The Impact of Parameter Features on Inventiveness ”Parameter features” – numerical or mathematical expressions that define the quantity or physical properties of a subject – frequently appear as technical features within a claim. Often described as numerical ranges or measurements, they frequently play a critical role in addressing technical problems. However, in practice, Examiners and courts often disregard or devalue the inventive contribution of these “parameter features”, leading to considerable confusion among inventors. Recently, the China National Intellectual Property Administration (CNIPA) released the 2023 Compilation of Key Decisions in Patent Reexamination and Invalidation Cases. Among the cases discussed, two decisions (Cases No. 24 and 25) provide valuable insights into how…
- China, China Patent Office, CNIPA, Key decisions, parameter feature, Patent, patent application, Patent Law
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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…
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RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
An Update on Sufficiency and Inventiveness of RNAi Patents in China RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies. The first-ever invalidation decision in China for an RNAi patent1 was rendered in 2022 by the Patent Re-examination Board (the “Board”). We previously wrote about this case, which discussed the standards for post-filing data, sufficiency, and inventive step, particularly for RNAi inventions. Since then, two newer cases involving RNAi have also been upheld by the Board after facing similar…