Jennifer Che, Vice President and Principal, and Yolanda Wang, Chinese Patent Attorney and Principal, spoke at a KPMG organized seminar on IP Strategies for Life Science Companies in Shanghai, China.
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China’s Supreme People’s Court (SPC) Hands Down First Patent Linkage Appeal Decision
21 September 2022China has been implementing a plethora of new laws and measures that are particularly favorable to drug companies, such as patent term extension and patent linkage. Details of the new implementation measures for patent linkage (technically “early dispute resolution mechanisms for drug patents”) came into effect on July 4, 2021. At around the same time, […]
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Diagnostic Claims in China
9 January 2020The Chinese Patent Law excludes patenting methods of diagnosing or treating a disease. More specifically, this refers to processes of identifying, determining, or eliminating the cause or focus of diseases which are practiced directly on living human or animal bodies. Please keep in mind that instruments used for implementing these methods are still patentable. So […]
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Obviousness: can features from different categories of products be combined to invalidate a design patent?
18 September 2025Introduction “I have a tank, I have a gun—boom! Tank gun?” Each year the CNIPA releases a list of Top Ten Patent Re-examination and Invalidation Cases. These cases are meant to be guiding cases, showcasing exemplary real-world decisions that clarify certain aspects of the law. Over the next several months we will be highlighting many […]
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Is it Sufficient to Claim an Antibody only by Describing its Antigen?
12 November 2018Things may be brewing with respect to antibody inventions. Just how much description is sufficient? After losing in the Federal Circuit, Amgen has decided to ask the US Supreme Court to weigh in on a standard that could vastly influence the pharmaceutical and biotech industry. The story relates to Repatha™, an LDL-lowering drug from Amgen […]
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