中國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

CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants

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At the end of October 2022, the China National Intellectual Property Administration (CNIPA) released a new draft amendment of the Patent Examination Guidelines1 (hereinafter referred to as the “New Draft”) to the new Chinese Patent Law that came into effect in 2021. We highlight two key amendments below. 1. The starting date for calculating PTA […]

Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators

2023年3月22日
Proposed Examination Guidelines for the New Chinese Patent Law – Topic 2: Genetic Resource Restriction How Will the Tightened Genetic Resource Restrictions Affect Your IP In 2019-2021, China’s Ministry of Science and Technology (“MOST”, or the Science Ministry) established several laws and regulations with respect to biosafety1 and human genetic resources management2 (collectively referred as […]

First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing

2023年3月8日
What does an invention “completed” in China mean? China and the US are similar in that both countries highly value national security, and thus have rules regulating the exportation of technology and information from within their borders. This includes new inventions that arise from within their respective borders. As such, both governments require inventors who […]

The Secret Prior Art Trap: A Case Study on Conflicting Applications in China

2025年11月13日
In patent prosecution, the concept of a "conflicting application" or “secret prior art” plays a critical role in determining the patentability of an invention. This article explores the framework for assessing conflicting applications under Chinese patent law, with a comparative perspective on the approaches adopted in the United States. Case Background: The Image Encoding Dispute […]

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