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.

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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 […]
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Stealing Trade Secrets: How the Chinese Court Criminally Sentences Employees that Steal Trade Secrets - 2019 China’s Top 50 Representative IP Cases

2020年6月11日
The theft of trade secrets has always been a deep concern of foreign companies thinking of doing business in China, whether it be sharing protocols with a manufacturing partner, providing technology details to a potential investor, or sharing results from an R&D collaboration. How can businesses ensure that employees do not steal secrets and share […]
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