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    Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators

    March 22, 2023

    Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety[1] and human genetic resources management[2] (collectively referred as “biosafety laws” herein for simplicity), namely to restrict (1) the collection, use and exportation of genetic resources as well as (2) the collaboration and sharing of genetic resources with foreign entities. To integrate the new biosafety laws and the country’s various regulations, the CNIPA has incorporated some additional updates regarding the genetic resource requirements in…

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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,  Examination Guide,  Inventions,  Patent Law,  Proposed Changes,  Updates and Changes

    China Announcing More Proposed Amendments to the Examination Guidelines in 2022

    November 17, 2022

    It’s been a year and a half since the new Chinese Patent Law came into effect (1 June 2021). Although various versions of draft Examination Guidelines have been released, thus far no official finalized versions have been confirmed. On October 31, 2022, yet another new list of proposed amendments was published[1], this time consolidating the previous sets of proposed changes from 2020 to 2021 to the Examination Guidelines. As this version looks closer to a finalized version, we are cautiously optimistic that an official set of guidelines may soon be released. As such, we think it’s worth looking a bit more closely into this current draft version. Below are a…

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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
  • Biotech,  China,  Patent Law,  Patent Linkage,  Pharma,  Proposed Changes,  Regulatory

    China Releases Draft Implementation Guidelines for the Drug Administration Law

    June 2, 2022

    The latest draft implementation guidelines for China’s Drug Administration Law (“Guidelines”) are out and open for comment. Previously, the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage Measures”) came into effect on July 4, 2021. The Guidelines indicate that the final approval of generic chemical drug applications for marketing approval will be stayed pending Paragraph IV litigation results. Technical review for things like safety and efficacy will proceed regardless. Although previously published Patent Linkage Measures indicate that the maximum stay period is 9 months, these Guidelines only say “a certain period.” The regulatory approval process for generic biologics and traditional Chinese medicines will not be…

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

    November 12, 2018

    No % homology? How to craft allowable claim scope around sequences to comply with China’s strict written description requirements

    November 23, 2018

    Diagnostic Claims in China

    January 9, 2020
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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
  • 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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