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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- China, China Patent Office, CNIPA, Invalidation, Inventiveness, Patent, Patent Re-examination and Invalidation Department
A Stratification Too Far? How the CNIPA Draws the Line on Patient Subgroups in a Recent Precision Medicine Invalidation Case
Precision medicine is rapidly transforming the global healthcare landscape, providing more effective therapies and better patient outcomes through targeted solutions. As therapeutics move away from the traditional “one-size-fits-all” model, unique challenges are presented in the patent examination process. The 2024 Top 10 Patent Re-examination and Invalidation case highlighted below provides further insight into how the China National Intellectual Property Administration (CNIPA) interprets claim scope and inventive step during the examination of precision medicine technologies. Background Generic Drug maker Chia Tai Tianqing Pharmaceutical Group filed an invalidation request before the Patent Re-examination Board (the “Board”) against an invention patent titled “Use of Degarelix1 in the Preparation of a Medicament for Treating…
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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…
