China Patent Strategy

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  • China,  Examination Guide,  Patent Law,  prosecution,  utility models

    China Proposes New Examination Guidelines for Utility Models

    November 24, 2022

    The Utility Model (UM) in China has always been a popular choice for patent filing due to its relatively low cost and speed of prosecution. The UM prosecution only includes a preliminary examination, which is essentially a mini (stripped down) version of an invention application’s substantive examination.[1] With the simplified examination process, UMs are typically granted without issue. Unfortunately, this may soon not be the case anymore. Heightened Inventiveness Standard + Formal Search The CNIPA[2] has recently published an official letter in response to a Proposal from a CPPCC member regarding problematic patents and malicious competition based thereon in the lithium battery industry.[3][4] The key messages stated in these letters…

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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
  • Biotech,  China,  Divisional Applications,  Inventions,  Patent Law,  Pharma,  prosecution

    Compositions Limited by Use: A Cautionary Tale

    October 26, 2022

    Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims limited by use” (emphasis added). Note: this rule only applies to compositions claims, not composition of matter claims directed towards a single active ingredient. Compositions are defined as any combination/mixture of two or more components, such as pharmaceutical formulations (active ingredient + excipients) or mixtures of various ingredients. How does the Examiner determine whether there…

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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
  • Biotech,  China,  Court Cases,  Courts,  Patent Law,  prosecution,  Supreme People's Court

    China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision

    September 21, 2022

    China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage.  Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, China’s public registration system for innovator companies to list patent associated with marketed drugs (China’s version of the US FDA’s “Orange Book”) began accepting registrations.  It has been close to one year since these mechanisms were put in place. The first legal decisions from these patent challenges are now coming out, and the first appeal…

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    eagleip No Comments

    Related Posts

    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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  • Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement

Recent Posts

  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Jan 04, 2023 BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Dec 13, 2022 Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Nov 24, 2022 China Proposes New Examination Guidelines for Utility Models
  • Nov 17, 2022 China Announcing More Proposed Amendments to the Examination Guidelines in 2022
  • Nov 09, 2022 US vs CN: National Security Clearance Requirements
  • Oct 26, 2022 Compositions Limited by Use: A Cautionary Tale
  • Oct 19, 2022 How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law
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