On June 24, 2024, China’s Supreme People’s Court (SPC) released five recent typical anti-monopoly cases, two of which relate to patents. The SPC stated that the cases were released so that Courts can “correctly apply the revised Anti-Monopoly Law and accurately understand the new judicial interpretation of anti-monopoly civil litigation issued today, fairly and efficiently hear monopoly cases, ensure the correct implementation of the Anti-Monopoly Law, and maintain fair competition in the market.”
Category: Patents
China’s Supreme People’s Court: Drug Patent Reverse Payment Agreements May Violate the Anti-Monopoly Law
On June 24, 2024, China’s Supreme People’s Court (SPC) released the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Monopoly” (最高人民法院关于审理垄断民事纠纷案件适用法律若干问题的解释). As it relates specifically to patents, the Interpretation states that drug patent reverse payment agreements may violate the Anti-Monopoly Law. Reverse payments involve a drug patent holder paying an alleged infringer or potential infringer, usually a generic manufacturer, to stop the alleged or potential infringement so …
China Launches Patent Prosecution Highway (PPH) Pilot with the African Regional Intellectual Property Organization (ARIPO)
On June 6, 2024, the China National Intellectual Property Administration (CNIPA) announced the launch of China-Africa Patent Prosecution Highway (PPH) with the African Regional Intellectual Property Organization (ARIPO) allowing for accelerated examination of patent applications in one jurisdiction based on work product in the other jurisdiction. The pilot will start June 8, 2024 and extend for five years to June 7, 2029.
China’s National Intellectual Property Administration to Revise Patent Certificates
Published on May 16, 2024 and effective June 1, 2024, China’s National Intellectual Property Administration (CNIPA) issued the Announcement of the State Intellectual Property Office on the Revision of Patent Certificates (No. 581) (国家知识产权局关于专利证书改版的公告（第581号)). Per CNIPA, the “new version of the patent certificate follows the A4 vertical format, and optimizes and adjusts the layout of the recorded matters.” Based on samples provided by CNIPA, it appears that the new version will include both the applicant(s) and the inventor(s) at the …