On December 7, 2022 the European Union (EU) requested the World Trade Organization (WTO) to establish a panel to examine China’s anti-suit injunctions (ASIs) in patent cases. Chinese courts have issued these injunctions blocking patent holders from enforcing their foreign patent rights outside of China (i.e., in Europe and Japan) with extensive daily fines for violators. The EU initiated the case on February 18, 2022 by making a Request for Consultations with China. Those consultations were held with China on …
Category: Patents
China’s Supreme People’s Court Releases Draft Judicial Interpretation of Anti-Monopoly Civil Procedures for Comment
On November 18, 2022, China’s Supreme People’s Court (SPC) released an announcement soliciting public opinion on on the Draft Judicial Interpretation of Anti-Monopoly Civil Procedures (关于反垄断民事诉讼司法解释稿向社会公开征求意见的公告). The Draft includes an article on reverse payments for generic pharmaceuticals and so may be of interest to foreign pharmaceutical companies facing potential competition from generics on patented pharmaceuticals. The SPC stated it is releasing this draft to “strengthen the anti-monopoly judiciary, to hear monopoly civil dispute cases in a fair and efficient manner …
Mirati Therapeutics Sues China’s InventisBio for 99 Million RMB in Trade Secret Theft Case
Per a securities filing by InventisBio Co (益方生物科技（上海）股份有限公司) on November 16, 2022, Mirati Therapeutics sued InventisBio for 99 Million RMB (~$14 million USD) in a trade secret misappropriation case. Mirati requested an injunction, damages, and confirmation of ownership of certain patents and applications in a filing with the Shanghai Intellectual Property Court that was received by InventisBio on November 14, 2022. This case highlights the increased attention recently paid to trade secret misappropriation in China including a 60 million RMB …
China’s National Intellectual Property Administration Releases New Draft of the Patent Examination Guidelines
On October 31, 2022, China’s National Intellectual Property Administration (CNIPA) released another draft of the Patent Examination Guidelines, which is somewhat analogous to the US Patent & Trademark Office’s (USPTO) Manual of Patent Examining Procedure (MPEP). Some highlights include explaining how patent term adjustment and patent term extension will work; providing for partial designs; late priority claims; and deletes the 15-day mail delay for electronically-delivered documents. Comments are due December 15, 2022, which may enable CNIPA to meet its target …