Vice President Jennifer Che gave a talk at the Swiss Patent Attorney Associations and the Swiss Professional Attorney Association of Industrial Patent Attorneys (VESPA/VIPS) annual autumn seminar about key upcoming changes in China’s new Patent Law as well as other related new measures that are particularly relevant to pharma/biotech companies, including patent term extension, patent linkage, post-filing data, litigation reform, and patent eligibility in the biotech/pharma area.

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SPC Upholds $2M RMB Award in China’s First Patent Case on a Biological Deposit

4 July 2022
On 28 Feb 2022, China’s Supreme People’s Court (SPC) issued its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in 2021. The Judgment Digests help us understand more about the SPC’s judicial ideology, trial concepts, and adjudication methods in dealing with difficult and sophisticated legal issues as well […]

IP Strategies for the Newly Released Implementation Regulations of the 4th Amendment of the Chinese Patent Law: Part 2: Grace Period without Loss of Novelty

7 February 2024
Background As mentioned in our earlier article, the Implementation Regulations of the Chinese Patent Law (“Regulations”, similar to the CFR in the US) were approved in November, and the CNIPA finally made public the full text of the Regulations just before the arrival of the New Year. At the same time, the CNIPA also released […]
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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 […]

CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals

6 December 2021
In China, patents applicants take advantage of a commonly-used divisional filing strategy to achieve a fine-tuned balance between protection scope and protection period (if used properly). Patent applicants (especially foreign applicants) widely welcome this well-established strategy, and up until now, have used it with much success. In fact, we recommend this strategy and have even […]
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