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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What is the difference between an Invention Patent and a Utility Model Patent?

13 August 2021
There are two types of patent protection in China. Invention patents (similar to a US utility patent) have a term of 20 years from the date of filing and may be granted for both methods and products. Utility model patents (similar to a petty patent) may be granted in China for technical solutions that relate […]
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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 Hands Down First Batch of Patent Linkage “Paragraph IV” Litigation Results

30 June 2022
China 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, […]

How the Chinese Patent Office Rejected a Plate-Making Method Based on Food Safety Law

19 October 2022
Previously we published an article about CNIPA rejecting a patent application claiming a food that could also be used to treat or prevent diseases based on the food’s alleged non-compliance with Food Safety Law. China’s Food Safety Law includes a provision which states any use of a composition as a food must be strictly separated […]
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