How the Supreme People’s Court Established a New Benchmark for Unexpected Technical Effects in a Landmark Diabetic Nephropathy Case Proving inventive step for pharmaceutical compounds, especially a second medical use, remains one of the most challenging aspects of patent prosecution in China. When the prior art discloses a compound’s general therapeutic properties, how can an applicant demonstrate that a specific new use achieves “unexpected technical effects”? The Supreme People’s Court’s (SPC) recent decision in the “Ligustrazine Nitrone Derivative” case offers an answer: If the therapeutic effect of an invention patent application’s technical solution for a certain disease is comparable to that of the world’s first drug approved for treating that disease…
- China, Court Cases, Courts, Inventions, Inventiveness, Patent, Patent Law, Patentability, Pharma, Post-Filing Data, Supreme People's Court
- China, China Patent Office, CNIPA, Court Cases, Courts, Invalidation, Inventiveness, Patent, Supreme People's Court, Top 10 IP Case
No More Hindsight Bias: China’s Supreme People’s Court Reins in Patent Inventiveness Assessments
For foreign applicants navigating patent litigation or invalidation in China, a common frustration is hindsight bias. Too often, CNIPA or lower courts strip down a patent into isolated technical features, find those features across disparate prior art references, and declare the invention to be “obvious”. To counter such hindsight reasoning, the core criterion has always been whether a person skilled in the art would readily conceive of such technical solution. In practice, that standard has not been applied consistently. Examiners and judges are often tempted to rely on their own intuitive standard, or worse-yet, directly use hindsight reasoning, undermining the consistency and predictability of the inventive-step analysis. A relatively recent…
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Beijing Supreme People’s Court Upholds Novo Nordisk Semaglutide Patent in China based on Post-Filing Data
On December 31, 2025, The Supreme People’s Court upheld the Beijing IP Court’s decision, meaning that the semaglutide patent remains valid and will expire on March 20, 2026. Novo Nordisk announced this positive news via a press release on the day the case was decided. The Chinese Ministry of Commerce has also confirmed this decision on their website. This case is certainly positive news for those in the biopharmaceutical industry thinking of developing their drugs in China. Additionally, if you’ve been following this case, you’ll know that the validity of the patent came down to whether the Court would accept post-filing data demonstrating semaglutide’s surprising pharmacokinetic effects in animal models.…


