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China Patent Strategy

Latest Updates on the IP Landscape in China

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  • Accelerated Patent Examination,  Cancer Moonshot Expedited Examination,  Expedited Examination,  Patent Law,  Pharma,  Pilot Program,  US,  USPTO

    Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program

    January 10, 2023

    Starting from February 1, 2023, the USPTO will begin the new Cancer Moonshot Expedited Examination Pilot Program that advances out-of-turn applications that are directed to oncology or smoking cessation. This new program will replace the Cancer Immunotherapy Pilot Program that has been in place since 2016, and covers more technologies than only cancer immunotherapies. Applications accepted into the new program will be accorded special status in Examiner’s docket and enjoy expedited examination until the first Office action is issued (including restriction requirements). The new program is available for a non-reissue (original), nonprovisional utility application filed under 35 U.S.C. 111(a), or an international application that has entered the national stage under…

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    BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023

    January 4, 2023
  • China,  EIP Patent 101 Corner,  Inventions,  National Security Clearance,  Patent Law,  US

    US vs CN: Foreign Filing License Requirements

    November 9, 2022

    In China, foreign filing requirements are generally very similar to the US — a foreign filing license is required if a foreign application is to be filed first for an invention made in the country. The Chinese equivalent to the US foreign filing license is called a confidentiality examination for foreign filing. According to Chinese Patent Law Article 19 (previously Article 20), if a foreign application is to be filed for an invention made in China, the applicant must submit a request to conduct a confidentiality exam to the CNIPA in advance. The CNIPA will determine whether the invention (for simplicity, the term “invention” includes invention and utility models 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
  • Biotech,  China,  Court Cases,  US,  Written Description

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

    November 12, 2018

    Things may be brewing with respect to antibody inventions. Just how much description is sufficient? After losing in the Federal Circuit, Amgen has decided to ask the US Supreme Court to weigh in on a standard that could vastly influence the pharmaceutical and biotech industry. The story relates to Repatha™, an LDL-lowering drug from Amgen whose active ingredient is a monoclonal antibody called evolocumab. The monoclonal antibody binds to PCSK9 protein, preventing it from destroying LDL receptor protein (LDL-R), a protein that removes LDL from the bloodstream. Amgen sued Sanofi, who created its own PCSK9 antibody. Sanofi sued back, arguing that Amgen’s patents were invalid for failing to comply with,…

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    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

    The Latest on Post-Filing Data in China’s Patent Law

    April 29, 2020

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Recent Posts

  • 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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