ChinaChina Patent OfficeCNIPACourt CasesPharma
23 January 2026

Beijing Supreme People’s Court Upholds Novo Nordisk Semaglutide Patent in China based on Post-Filing Data

On December 31, 2025, The Supreme People's Court upheld the Beijing IP Court's decision, meaning that the semaglutide patent remains valid and will expire on March 20, 2026. Novo Nordisk announced this positive news via a press release on the day the case was decided. The Chinese Ministry of Commerce has also confirmed this decision on their website.

This case is certainly positive news for those in the biopharmaceutical industry thinking of developing their drugs in China. Additionally, if you've been following this case, you'll know that the validity of the patent came down to whether the Court would accept post-filing data demonstrating semaglutide's surprising pharmacokinetic effects in animal models. After all, there was no experimental data in the original application as filed (which is why the CNIPA originally rejected the case).

This high-profile case further demonstrates China's willingness to consider post-filing data, provided that the data are submitted under China's stricter post-filing data requirements. In this case, the specification provided sufficient "proof" that the ideas of the surprising technical effects were already established in the original application as filed, even if the data were not present.

Other Articles

Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators

22 March 2023
Proposed 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 […]

Breaking News: China passes Fourth Amendment to the Chinese Patent Law

19 October 2020
After 12 years, the Fourth Amendment to the Chinese Patent Law has passed and will be in effect on 1 Jun 2021. After years of multiple draft amendments that moved in various directions, we FINALLY have some clarity on what patent protection is going to look like in China in the coming future. Many of […]

Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program

10 January 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 […]

Can I transfer priority rights in China without the consent of other applicants? Insights from the Broad Institute’s CRISPR patent

4 February 2025
The 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 […]

Our Past Events

Top crossarrow-right