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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China Joins Two WIPO Treaties, the Hague System and the Marrakesh Treaty
11 February 2022It has been two challenging years, yet there are many reasons to still have hope. We wish you a blessed Lunar New Year as we welcome the year of the Tiger. We wanted to highlight a few new developments in China. China has joined the Hague System for the International Registration of Industrial Designs, submitting […]
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Inventive Step for an Enantiomer over a Racemate: “L-ornidazole” Patent Invalidation Case
27 November 2023Each year, China’s Supreme People’s Court (SPC) issues its annual “Judgment Digests”, which includes a list of “48 typical cases” highlighting representative SPC decisions in the previous year. 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 […]
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First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
8 March 2023What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who […]
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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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