-
Categories
-
Pharmaceutical Intermediates
-
Active Pharmaceutical Ingredients
-
Food Additives
- Industrial Coatings
- Agrochemicals
- Dyes and Pigments
- Surfactant
- Flavors and Fragrances
- Chemical Reagents
- Catalyst and Auxiliary
- Natural Products
- Inorganic Chemistry
-
Organic Chemistry
-
Biochemical Engineering
- Analytical Chemistry
- Cosmetic Ingredient
-
Pharmaceutical Intermediates
Promotion
ECHEMI Mall
Wholesale
Weekly Price
Exhibition
News
-
Trade Service
China's first drug patent link litigation case announced
On April 15, the Beijing Intellectual Property Court publicly declared that the plaintiff Zhongwai Pharmaceutical Co.
It is reported that this case is the first drug patent link litigation case in China since the implementation of the new "Patent Law"
This case is the first drug patent link litigation case in China since the implementation of the new "Patent Law"
Brief introduction to the case
The plaintiff, Zhongwai Pharmaceutical Co.
Therefore, the plaintiff filed a dispute with the Beijing Intellectual Property Court in accordance with Article 76 of the new "Patent Law" to confirm whether it falls within the scope of patent protection, requesting to confirm that the generic drug "Aidecalcidol Soft Capsule" that the defendant applied for registration falls into the case involved Scope of patent protection
The Beijing Intellectual Property Court held that:
The Beijing Intellectual Property Court held that:
The technical solution used by the generic drug involved is neither the same nor equivalent to the technical solution of claim 1 of the involved patent, so the technical solution does not fall within the protection scope of claim 1 of the involved patent
The plaintiff said in court that he would appeal, and the defendant expressed his obedience to the first-instance judgment
Judge's statement
Judge's statementWe know that if pharmaceutical companies do not make profits by selling drugs, they will lack R&D motivation, no new drugs will be developed, and ordinary people will have no good medicinal use
On June 1, 2021, Article 76 of the new "Patent Law" added a "mechanism for resolving disputes arising from patent rights related to drugs applied for registration", formally establishing China's "pharmaceutical patent linkage system"
The judge in charge of the case said that the significance of the drug patent link system is not only to strengthen the judgment of the original drug companies on the certainty of the drug market, continue to invest, and promote the innovation and development of the industry, but also to confirm the risks of generic drug listing in advance for generic drug companies to avoid blindness.
