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  • China,  China Patent Office,  Court Cases,  Courts,  Invalidation,  Inventions,  Patent Law,  Top 10 IP Case

    First ever Invalidation decision on an RNAi Invention patent in China

    December 4, 2023

    Decision on Examination of Request for Invalidation (No. 58530) In one of China’s Top 10 Patent Re-examination / Invalidation cases of 2022, an invalidation decision on a patent claiming Hepatitis B Virus (HBV) RNAi compositions (No. 58530) by the Patent Re-examination Board (the “Board”) sheds light on the standard for post filing data for rejections against sufficiency and inventive step, issues often faced in the biopharmaceutical field, particularly with regards to inventions with sequence listings. This case, between Alnylam Pharmaceuticals Inc. (the “Patentee”) and Zhang Yuan (the “Petitioner”), also marks the first-ever invalidation decision in China for a patent related to RNAi. RNAi has been gaining traction in the pharmaceutical…

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    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

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    November 12, 2018
  • 48 Typical Cases,  Biotech,  China,  China Patent Office,  CNIPA,  Court Cases,  Inventions,  Judgement Digests,  Patent Law,  Pharma

    Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case

    November 27, 2023

    Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well as new types of IP cases in high tech fields. Despite the fact that SPC judgments are not precedentially binding on lower courts, they are still very persuasive and provide insights into the types of decisions that are considered “model decisions” by the SPC. This case was one of the 48 “typical” cases and deals…

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  • China,  China Patent Office,  CNIPA,  Court Cases,  Courts,  Invalidation,  National Security Clearance

    First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing

    March 8, 2023

    What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who create IP within their borders to obtain approval by requesting a foreign filing license (or “confidentiality examination request“ in Chinese) before they can file a patent application in a foreign jurisdiction first (i.e., “export” the “technology”). In China, “inventions or utility models, of which the substantive content of the technical solution is completed within the…

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    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

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    October 25, 2018

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  • New Policies to Promote Importation of Innovative Drugs
  • Foreign companies transferring IP out of China: things to know
  • Is it Sufficient to Claim an Antibody only by Describing its Antigen?
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  • Jul 14, 2026 Is “Comparable” the New “Unexpected”? China’s SPC Relaxes Inventive Step Standard for Breakthrough Therapeutics
  • Jun 25, 2026 No More Hindsight Bias: China’s Supreme People’s Court Reins in Patent Inventiveness Assessments
  • Jun 01, 2026 IP Update: China’s Supreme People’s Court Issues First Public Decision Defining China’s Inventorship Standard
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