-
CNIPA offers guidance on validity assessments of siRNA paten...Mar 12 2024CNIPA offers guidance on validity assessments of siRNA patentsRibonucleic acid interference (RNAi) refers to the biological mechanism wherein messenger RNA degradation is triggered by double-stranded small interfering RNAs (siRNA) with complementary sequences, l...Mar 12 2024
-
Supreme People’s Court offers much-needed guidance followin...Jan 24 2024Supreme People’s Court offers much-needed guidance following high-profile monopoly dispute involving pharma patentsIn one of China’s “Ten Exemplary Anti-monopoly and Unfair Competition Cases of 2023” (a list that was released on 14 September 2023), the Supreme People’s Court has elucidated the correlation betw...Jan 24 2024
-
New guidelines for the patent term extension regime in ChinaJan 19 2024New guidelines for the patent term extension regime in ChinaThe fourth amendment to China’s Patent Law (Article 42) introduced a patent term extension (PTE) regime in China. The newly revised Implementing Regulations of the Patent Law and the Guidelines for P...Jan 19 2024
-
How amended regulations to China’s Patent Law will impact t...Jan 10 2024How amended regulations to China’s Patent Law will impact the IP landscapeOn 21 December 2023 China’s State Council promulgated the long-awaited “Decision on Amending the Implementing Regulations of the Patent Law of the People’s Republic of China”. The amended regulati...Jan 10 2024
-
Strategies for patenting personalised medicine and companion...Dec 05 2023Strategies for patenting personalised medicine and companion diagnostics in ChinaXIE Minnan, first published by MIPPersonalised medicine, which is generally considered analogous to precision medicine, is built on companion diagnostics. A companion diagnostic is a medical device, o...Dec 05 2023
-
CNIPA guidance on the support of pharmaceutical use patent c...Sept 07 2023CNIPA guidance on the support of pharmaceutical use patent claims (2023)Article 26.4 of China’s Patent Law prescribes that “claims shall be supported by the specification and shall define the extent of the patent protection sought for in a clear and concise manner”. Th...Sept 07 2023
-
CNIPA deals a heavy blow to AbbVie’s upadacitinib patent po...Aug 10 2023CNIPA deals a heavy blow to AbbVie’s upadacitinib patent portfolio (2023)On August 10 2023, the China National Intellectual Property Administration (CNIPA) issued two invalidation decisions, No. 561725 (Decision #1) and No. 562232 (Decision #2), in response to invalidity r...Aug 10 2023
-
How does pharmacological action affect the defence of a phar...June 22 2023How does pharmacological action affect the defence of a pharmaceutical compound patent in China?In April 2023, the China National Intellectual Property Administration (CNIPA) released the Top Ten Patent Reexamination and Invalidation Cases of 2022. Three of them relate to the pharmaceutical fiel...June 22 2023
-
Creating consistency across civil and invalidity action invo...July 27 2022Creating consistency across civil and invalidity action involving same design patent (2022)In China, design patent infringement litigation often proceeds in parallel with the counter action - an invalidity proceeding instituted by the defendant challenging the validity of the design patent ...July 27 2022
-
Fighting against Bad Faith Design Patent Filings in China (2...May 25 2022Fighting against Bad Faith Design Patent Filings in China (2022)In China, since design patent application does not go through substantive examination, a design filing will proceed to grant, as long as it satisfies the formality request of China National Intellectu...May 25 2022
-
Canny Patentee Leverages Pre-Suit Mediation Procedure to Set...May 11 2022Canny Patentee Leverages Pre-Suit Mediation Procedure to Settle Design Infringement (2022)A design infringement suit demonstrates not only why it is worth patentees moving fast to secure evidence but also that, with the right strategy, it is possible for foreign patentees to protect their ...May 11 2022
-
China Supreme Court Sanctions Obstruction of Litigation (202...June 11 2021China Supreme Court Sanctions Obstruction of Litigation (2021)Even though the defendant successfully convinces the appellate court that the technical features of the alleged infringing equipment does not fall into the protection scope of the plaintiff’s patent,...June 11 2021