Jennifer Che, Vice President and Principal, and Yolanda Wang, Chinese Patent Attorney and Principal, spoke at a KPMG organized seminar on IP Strategies for Life Science Companies in Shanghai, China.
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Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
22 March 2023Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety1 and human genetic resources management2 (collectively referred as […]
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How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law
19 October 2022Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]
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Polymorph Patents in China: What is the Standard for Inventiveness for New Crystal Forms?
14 July 2020This 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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Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent
4 February 2025The high-profile disputes surrounding an important CRISPR patent belonging to The Broad Institute, MIT and Harvard (hereinafter “the proprietors”) has attracted a lot of attention in recent years, particularly regarding the validity of priority rights that were challenged worldwide. In Europe, the patent was famously revoked by the European Patent Office (hereinafter “EPO”) due to […]
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