中国China Patent OfficeCNIPACourt CasesPharma
2026年1月23日

Beijing Supreme People’s Court Upholds Novo Nordisk Semaglutide Patent in China based on Post-Filing Data

On December 31, 2025, The Supreme People's Court upheld the Beijing IP Court's decision, meaning that the semaglutide patent remains valid and will expire on March 20, 2026. Novo Nordisk announced this positive news via a press release on the day the case was decided. The Chinese Ministry of Commerce has also confirmed this decision on their website.

This case is certainly positive news for those in the biopharmaceutical industry thinking of developing their drugs in China. Additionally, if you've been following this case, you'll know that the validity of the patent came down to whether the Court would accept post-filing data demonstrating semaglutide's surprising pharmacokinetic effects in animal models. After all, there was no experimental data in the original application as filed (which is why the CNIPA originally rejected the case).

This high-profile case further demonstrates China's willingness to consider post-filing data, provided that the data are submitted under China's stricter post-filing data requirements. In this case, the specification provided sufficient "proof" that the ideas of the surprising technical effects were already established in the original application as filed, even if the data were not present.

其他文章

A More Detailed Overview of China’s Patent Term Extension (PTE) System

2024年6月17日
Although PTE has been in the Chinese Patent Law since the 4th Amendment of the law came into effect June 1, 2021, we didn’t really know the exact details of how it operated until the Implementation Regulations and Examination Guidelines (“Implementation Regulations”) were finally released in December 2023. New Rules 77-84 in the Implementation Regulations […]

Markush claims in China - what can be arbitrarily deleted during invalidation?

2018年12月4日
Since 2010, the China Patent Re-examination Board (PRB) has published the top 10 patent invalidation cases of the year in April of each year. The selection criteria are high social concern, significant impact on the related industry, or involve difficult legal issues and important examination criteria. Below is one of the top 10 cases that […]

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

2022年10月19日
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 […]

Breaking News: Newest Draft Amendment to the Chinese Patent Law Available for Public Comment

2020年7月10日
Finally, after more than a year since the last draft amendment came out in 2019, a new draft has been submitted to the National People’s Congress Standing Committee for deliberation on June 28, 2020. The newest version is now published for public comments until August 16, 2020. As a whole, these proposed changes address a […]

我们的过去活动

Top crossarrow-right