Authors: Chen Wenping, Ma Hui, Intellectual Property group, King & Wood Mallesons 

The revised Chinese Patent Law became effective on June 1.  With fierce debates on how Article 76 should be implemented and construed, “linkage” litigation introduced by Article 76 on drug patents will gradually enter the public eye. As an administrative agency, the China National Intellectual Property Administration (“CNIPA”) can accept administrative ruling requests from parties to confirm whether the disputed technical solutions of a drug fall within the scope of patent protection. In combination with the CNIPA’s ongoing review function of patent invalidity requests, drug patent disputes will usher in a new era. Against such background, the decisions on drug patents in the ten most significant cases of the CNIPA in 2020 have more practical and effective guiding significance for the medicinal industry and can enable the public to further understand the CNIPA’s standards and approaches in evaluating the validity of drug patents. Continue Reading Introduction to the ten most significant cases of patent reexamination and invalidation in 2020 Medicinal part