The China National Intellectual Property Administration (CNIPA) is moving forward at breakneck speeds aiming to get all the necessary pieces in place for the June 1, 2021 date when the new 4th Amendment of the Patent Law will come into effect. Most recently, this means a flurry of drafts coming out from CNIPA, including, but not limited to, draft measures with the National Medical Products Administration (NMPA) relating to patent linkage, draft examination guidelines, and what we’ll discuss today, draft implementation rules of the new patent law. We are encouraged that CNIPA is engaging the public, allowing any member of the public to submit comments within a specific timeframe. We…
- Biotech, China, Patent Linkage, Patent Term Extension, Pharma, Proposed Changes, Updates and Changes
- Biotech, China, Patent Linkage, Patent Term Extension, Pharma, Supreme People's Court, Updates and Changes
How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
The Supreme People’s Court has just issued draft regulations for comment regarding how new Article 76 will work in conjunction with civil procedure law. The period to submit comments ends December 14, 2020, and the final version will come into force June 1, 2021, together with the new Chinese Patent Law. The Backdrop: New Chinese Patent Law Adds Patent Linkage (Article 76) Linking Drug Approval to a “Clear” Patent Position In October of 2020 China passed the 4th amendment of the patent law which ushered in some sweeping changes in certain areas that are especially exciting for life science companies. One of the most important changes is the introduction of…
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Breaking News: China passes Fourth Amendment to the Chinese Patent Law
After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of these changes were already in the proposed draft amendments that came out in 2019 and 2020, though there have also been some adjustments. Most notable aspects of this new law include (1) patent term extension due to regulatory or patent office delay (2) patent linkage between new drug approval and patent disputes; (3) litigation reform…