Post-Filing Data

Is “Comparable” the New “Unexpected”? China’s SPC Relaxes Inventive Step Standard for Breakthrough Therapeutics

14 July 2026

How the Supreme People's Court Established a New Benchmark for Unexpected Technical Effects in a Landmark Diabetic Nephropathy Case Proving inventive step for pharmaceutical compounds, especially a second medical use, remains one of the most challenging aspects of patent prosecution in China. When the prior art discloses a compound's general therapeutic properties, how can an […]

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? […]