Dr. Jacqueline Lui, President of Eagle IP Group, gave a talk titled “Are Patents Enforceable in China?” at The 9th IP Seminar.
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Compositions Limited by Use: A Cautionary Tale
26 October 2022Section 4.2.3, Part II Chapter 10 of the CNIPA’s Examination Guidelines (“Guidelines”) stipulates that if the specification only discloses one property or use of a composition, the composition claim shall be drafted as a “composition limited by the function or the use”. Furthermore, it specifically states that “most pharmaceutical claims shall be drafted as claims […]
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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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CNIPA Releases Interim Measures for the Amended Chinese Patent Law Going Into Effect June 1, 2021
28 May 2021Breaking News! We finally have more details about the new Chinese Patent Law which will go into effect on June 1, 2021. The full set of measure can be found at this link. Below are some pertinent points. No Implementation Rules . . . . Yet The new Implementation Rules will not be available by […]
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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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