Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people’s courts at all levels regarding their intellectual property trials. It’s always interesting to see which cases get chosen, since it reflects what concepts and messages the Courts want to highlight to the public. The new list of 2019 top cases came out on 7 Apr 2020. Today we will discuss a case that touches upon issues relating to claims that are written with an ambiguous mix…
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The Latest on Post-Filing Data in China’s Patent Law
Post-filing data can sometimes be the crucial difference between a patent allowance and a final rejection. The reasons are endless why important data may not have been included in the original patent application as filed. Time and budget may have been insufficient to generate data over the full scope of the claims at the time of filing. The priority of a company’s business may have changed, meaning now more resources are available to generate data in this new area. Whatever the reason, patent practitioners often rely on data generated after the filing of the original application in order to overcome rejections from the patent office. Traditionally, China has been known…
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Markush claims in China – what can be arbitrarily deleted during invalidation?
Since 2010, the China Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that discusses post filing data in China patents. This case (Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd) describes an invalidation request of Daiichi Sankyo’s Chinese invention patent 97126347.7 related to processes of preparing pharmaceutical compositions for treating or preventing hypertension. The patent covered the marketed hypertension drug Olmesartan medoxomil. During…
