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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Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data
“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? This case demonstrates one example of how stark inconsistencies between post-filing (clinical trial) data and publicly available information led the CNIPA to reject a case because of false post-filing data submitted in violation of the “good faith” requirement. Case Background The disputed patent application, titled “A Type of Tini-Class Small Molecule Compound and Its Preparation…





