Dr. Jacqueline Lui, President of Eagle IP Limited, joined the IPO Fact-Finding Trip to China (Beijing), organized by the IPO Asian Practice Committee.
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Thin Disclosure but "Bulletproof" Protection: How a Salt Form Patent was Upheld in China Despite Minimal Data
8 January 2026In China, innovative drug companies typically rely on their initial composition of matter patents to block out competitors. Other “follow-on” IP, such as those directed towards formulations, polymorphs, and salt forms, are often regarded as less likely to survive invalidation challenges, especially in China where the standard of “person skilled in the art” is so […]
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China’s Newest Examination Guidelines: Inventive Step for Biological / Life Science Inventions (Part III)
30 April 2021This is Part III of a three-part series summarizing the Examination Guidelines that were released by the CNIPA on January 15, 2021, one year to the date of Phase 1 of the US and China Economic and Trade Agreement. That agreement included specific provisions where China "shall permit pharmaceutical patent applicants to rely on supplemental […]
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CHINA DIVISIONAL PATENT STRATEGY: Recent Judgment Narrows What Constitutes “Different Inventions” for Divisionals
6 December 2021In 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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China Divisional Practice
17 June 2019China allows the filing of divisional applications but under specific circumstances. Most importantly, divisional applications can usually only be filed voluntarily during the prosecution of the original parent application. Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed. However, divisionals can be filed to pursue subject matter not […]
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