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  • China,  China Patent Office,  Court Cases,  Courts,  Invalidation,  Inventions,  Patent Law,  Top 10 IP Case

    First ever Invalidation decision on an RNAi Invention patent in China

    December 4, 2023

    Decision on Examination of Request for Invalidation (No. 58530) In one of China’s Top 10 Patent Re-examination / Invalidation cases of 2022, an invalidation decision on a patent claiming Hepatitis B Virus (HBV) RNAi compositions (No. 58530) by the Patent Re-examination Board (the “Board”) sheds light on the standard for post filing data for rejections against sufficiency and inventive step, issues often faced in the biopharmaceutical field, particularly with regards to inventions with sequence listings. This case, between Alnylam Pharmaceuticals Inc. (the “Patentee”) and Zhang Yuan (the “Petitioner”), also marks the first-ever invalidation decision in China for a patent related to RNAi. RNAi has been gaining traction in the pharmaceutical…

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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
  • 48 Typical Cases,  Biotech,  China,  China Patent Office,  CNIPA,  Court Cases,  Inventions,  Judgement Digests,  Patent Law,  Pharma

    Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case

    November 27, 2023

    Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well as new types of IP cases in high tech fields. Despite the fact that SPC judgments are not precedentially binding on lower courts, they are still very persuasive and provide insights into the types of decisions that are considered “model decisions” by the SPC. This case was one of the 48 “typical” cases and deals…

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  • China,  China Patent Office,  CNIPA,  Patent Law,  Updates and Changes

    Announcement: Implementation Regulations (Rules) of the Chinese Patent Law have been Approved

    November 10, 2023

    On November 3rd, 2023, the Premier of the State Council, Li Qiang, chaired a regular meeting where the “Implementation Regulations of the Patent Law of the People’s Republic of China (Revised Draft)” was reviewed and approved. This is great news, as we have been waiting quite some time for these Regulations (Rules) to be approved (see our previous article summarizing the draft Implementation Rules). Considering the 4th Amendment of the new Chinese Patent Law was passed in October 2020, we have certainly been waiting a long time for more details about how this law will be implemented. This document is not publicly available yet. However, the announcement provides a summary of…

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    Related Posts

    New Policies to Promote Importation of Innovative Drugs

    November 8, 2018

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    October 25, 2018

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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

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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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