Ms. Jennifer Che, our managing director, attended the American Intellectual Property Law Association (AIPLA) 2023 Annual Meeting at the Gaylord National Resort and Convention Center in National Harbor, MD, as she assumes her new role as the Vice Chair for the AIPLA IP Practice in China committee.

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Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?

14 July 2020
This case is focused on polymorphs, namely what are the standards for novelty and inventiveness when it comes to new crystal forms of a known drug? A recent Supreme People’s Court decision in China is illustrative of the way Chinese courts are thinking about polymorph patents in China. Grünenthal is a German pharmaceutical company and […]
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2019 CHINA TOP 10 IP CASE: VALEO V. LUCAS, FUKE, & CHEN

8 June 2020
Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in Chinese courts” of the year. Although not having precedential weight, these cases serve as a reference and guide people's courts at all levels regarding their intellectual property trials. It’s always […]

Burden Shift: CNIPA Requires Applicant to “Prove” that Post-Filing Data is not Fake Data

1 April 2025
“Good Faith” is a challenging concept that brings with it the nuances of a particular jurisdiction’s ideas about honesty, moral values, and societal expectations. Most patent laws around the world include good faith requirements – especially in matters involving the legal and the medical profession – and China is no exception. So what’s the standard? […]

China Divisional Practice

17 June 2019
China allows the filing of divisional applications but under specific circumstances. Most importantly, divisional applications can usually only be filed voluntarily during the prosecution of the original parent application. Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed. However, divisionals can be filed to pursue subject matter not […]
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