The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider post-filing data), while at the same time being more lax on enforcement. Things have changed a lot in the past five years as China has revamped its patent system in numerous ways. The creation of an entirely new IP court system, the introduction of a new patent law (only the 4th revision in its 40+…
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China Top 10 Cases of 2020 – CNIPA Upholds Second Medical Use Patent from University of Bordeaux
The development of China’s approach to patents, especially those in the pharmaceutical and biotech space, has been fascinating to watch. Those of us who have practiced in the area for a long time have been frustrated by the Chinese patent office’s overly strict rules regarding patentability (e.g., high data support standard and refusal to consider post-filing data), while at the same time being more lax on enforcement. Things have changed a lot in the past five years as China has revamped its patent system in numerous ways. The creation of an entirely new IP court system, the introduction of a new patent law (only the 4th revision in its 40+…
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2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN
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…
