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
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Please “Mind the Traps”: Four Common Misconceptions About Hong Kong Patents
For many foreign companies interested in the broader Asian market, Hong Kong is a strategically important jurisdiction. However, because of its unique legal framework, domestic and foreign companies alike are confused by how IP protection works in Hong Kong. Missteps in such understanding can lead to critical, costly “gaps” in IP protection. To safeguard innovations effectively in Hong Kong, be aware of these four common misconceptions: Hong Kong IP protection goes well beyond a simple registration of a Chinese or European/UK patent. There are many strategies and multi-layered approaches for protecting IP in this key jurisdiction. If you would like to have more information on this matter or would like…
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Thin Disclosure but “Bulletproof” Protection: How a Salt Form Patent was Upheld in China Despite Minimal Data
In China, innovative drug companies typically rely on their initial composition of matter patents to block out competitors. Other “follow-on” IP, such as those directed towards formulations, polymorphs, and salt forms, are often regarded as less likely to survive invalidation challenges, especially in China where the standard of “person skilled in the art” is so high. Having said that, we share below today a positive counter example case in which a salt form of a JAK inhibitor survived invalidation. This case is one of CNIPA’s Top Ten Patent Re-examination and Invalidation Cases for 2024 (published in the 2025 list). These cases are meant to be guiding cases, showcasing exemplary real-world…




