Dr. Jacqueline Lui, President of Eagle IP Group, Managing Director of Chau Eagle Global IP, attent the IPO Annual Meeting in San Francisco.

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China Releases Draft Implementation Guidelines for the Drug Administration Law

2 June 2022
The latest draft implementation guidelines for China’s Drug Administration Law (“Guidelines”) are out and open for comment. Previously, the new implementation measures for early dispute resolution mechanisms for drug patents (“Patent Linkage Measures”) came into effect on July 4, 2021. The Guidelines indicate that the final approval of generic chemical drug applications for marketing approval […]

CHINA: How Prohibiting "Illegal" Inventions Runs into Food Safety Law

22 October 2021
Chinese Patent Law has an interesting provision that specifically prohibits patent protection on “illegal” or “immoral” inventions. What does this mean, exactly? According to Article 5.1 of the Chinese Patent Law, “no patent shall be granted for an invention that contravenes any law or social moral or that is detrimental to public interests.” On its […]

First ever Invalidation decision on an RNAi Invention patent in China

4 December 2023
Decision on Examination of Request for Invalidation (No. 58530) In one of China’s Top 10 Patent Re-examination / Invalidation cases of 2022, an invalidation decision on a patent claiming Hepatitis B Virus (HBV) RNAi compositions (No. 58530) by the Patent Re-examination Board (the “Board”) sheds light on the standard for post filing data for rejections […]

New Remedy in China for Fixing "Errors" in a Patent Application: Incorporation by Reference

21 March 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 the new […]
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