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  • China,  China Patent Office,  CNIPA,  Invalidation,  Inventions,  Patent Law

    RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges

    March 10, 2025

    An Update on Sufficiency and Inventiveness of RNAi Patents in China RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies. The first-ever invalidation decision in China for an RNAi patent1 was rendered in 2022 by the Patent Re-examination Board (the “Board”). We previously wrote about this case, which discussed the standards for post-filing data, sufficiency, and inventive step, particularly for RNAi inventions. Since then, two newer cases involving RNAi have also been upheld by the Board after facing similar…

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    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • China,  China Patent Office,  CNIPA,  Inventions,  patent application,  Patent Law,  Updates and Changes

    Miss the 12-month Filing Deadline? China Finally Allows Patent Applicants to Restore, Add, or Correct a Priority Claim

    April 15, 2024

    Three major ‘remedial’ systems taken from the PCT Regulations have been introduced in the third revision of the Implementation Regulations of the Chinese Patent Law in 2023 (hereinafter referred to as the “Implementation Regulations”). We previously discussed one of these remedial systems, Incorporation by Reference based on Rule 45 of the Implementation Regulations, which allows an applicant to rectify missing documents or parts of the document two months from the filing date. In this article we will be focusing on the other two new systems—the restoration of the right of priority and the addition or correction of a priority claim, namely new Rules 36, 37 and 128. Prior to the…

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    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
  • China,  China Patent Office,  CNIPA,  Patent Law,  prosecution,  Updates and Changes

    New Remedy in China for Fixing “Errors” in a Patent Application: Incorporation by Reference

    March 21, 2024

    Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released the new Patent Examination Guidelines (“Guidelines”, like the MPEP in the US), along with specific implementation dates and transitional methods. These changes became effective as of 20 January 2024. Today’s article will focus on incorporation by reference. The Regulations provide more details on the newly “incorporation by reference” provision in the Chinese Patent Law, which align this…

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    eagleip No Comments

    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

    Foreign companies transferring IP out of China: things to know

    October 25, 2018

    Is it Sufficient to Claim an Antibody only by Describing its Antigen?

    November 12, 2018
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  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
  • Jan 09, 2025 AI is magical but NOT magic! Be specific in your AI patents!
  • Dec 04, 2024 How a Secondhand Ground Brush Wiped Away a Chinese Patent

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Recent Posts

  • Apr 01, 2025 Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
  • Mar 10, 2025 RNAi Patent Success in China: Overcoming “Comprising” Claim Challenges
  • Feb 04, 2025 Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
  • Jan 09, 2025 AI is magical but NOT magic! Be specific in your AI patents!
  • Dec 04, 2024 How a Secondhand Ground Brush Wiped Away a Chinese Patent
  • Sep 06, 2024 New Fee Standards Released for Chinese Patent Applications
  • Jun 27, 2024 Beijing IP Court Reverses CNIPA Decision and Upholds Ozempic® semaglutide patent in China as VALID based on Novo Nordisk’s Post Filing Data
  • Jun 17, 2024 A More Detailed Overview of China’s Patent Term Extension (PTE) System
  • May 07, 2024 Everything you need to know about Patent Term Adjustment (PTA) in China
  • Apr 23, 2024 Stay Ahead: Getting a Chinese Patent in Three Months?
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