Drug patent attack and defense strength ranked: Hengrui, Tianqing, stone medicine ranked in the top three

On October 29, 2020, in order to further improve the quality of judicial interpretation, the Supreme People's Court issued the Provisions on certain issues of the applicable law in civil cases involving the examination and approval of patents related to drug listing (draft for comments) and publicly solicited amendments.
it is not difficult to see that intellectual property issues such as pharmaceutical patents essentially have both technical and legal dual attributes.
about drug patents, it is inevitable to file a "patent invalidity lawsuit", our minds will also flash countless classic patent wars.
Patent invalidity means that any unit or individual who believes that the grant of the patent right does not comply with the provisions of the Patent Law from the date of the announcement of the grant of the patent right by the State Information Administration may request the Patent Review Board to declare the patent right invalid, and may initiate a "review and invalidity" declaration procedure if it does not accept the decision to reject the application or if any unit or individual considers that the grant of the patent right does not conform to the relevant provisions.
so-called patent war, as the name implies, is to patent rights as a competitive weapon, with competitors to carry out commercial patent attack and defense war.
after the marketing, technology, price competition, the patent war has been pushed by all walks of life to the "top of the wind", and "patent quality" is the key to win the patent attack and defense war.
years, the major domestic innovative pharmaceutical companies not only strengthen their own patent layout, but also in order to seize the market opportunity, have launched a challenge to the original pharmaceutical companies patents.
Through the State Intellectual Property Office patent review and invalid official website public data show that the number of innovative drugs TOP10 domestic pharmaceutical companies since 2007 has started a variety of oral examination and review of the patents of the original pharmaceutical companies, including Hengrui, Tianqing, Shi medicine, Sansheng Guojian, Dongsan, etc. initiated the number of patent challenges among the best, the number of patent challenges initiated by enterprises as shown in the following figure: Note: if there is a patent multiple oral examination requests.
As can be seen from the figure, Hengrui Pharmaceuticals initiated the largest number of patent challenges, a total of 21 patents challenged, covering the drug varieties include: Pribarin, right mettomic, propofol, apatinib and non-busta, among them Hengrui invalid Shanghai Xuansheng biological "niacin-type A crystal and its preparation methods and applications" ZL2 Patent No. 01510398190.1 has caused a stir, patent-related cases have also been named "2017 Annual Patent Review Invalidity Ten Cases", Shanghai Xuancheng Bio is not satisfied with its patent rights by the Patent Review Commission's decision to invalidate all, continue to prosecute, the case was held by the Supreme People's Court Intellectual Property Court in June 2019, the results have not yet been announced.
Zhengda Tianqing launched a patent challenge followed by a total of 18 patents, involving a variety of drugs including: lunvatini, shakuba quercetam sodium, tadalafa, entourtabinofowe and Tofatib and so on, of which Zhengtiantian's Entourta Bintanofowe generics have been listed, is the first generic drug to be on the market, which won the market.
In addition, Stone Pharmaceutical Group, Dongsian Pharmaceuticals and Sansheng Pharmaceuticals also have a remarkable performance in the patent challenge, Sansheng Pharmaceuticals in the country's first anti-HER2 breast cancer new drug Inito single resistance (commodity name: Septin ®) in the independent research and development process, a total of 10 years, layer by layer to break the patent barriers of Hessetin, for themselves and other domestic innovative pharmaceutical companies in her2 target research and development road cleared the way.
Other innovative pharmaceutical companies, such as Baiji Shenzhou, do not have generic product pipelines, the Shanghai Institute of Pharmaceutical Research and the Chinese Academy of Medical Sciences are research and development institutions, they have little demand for invalid patents, and no public oral and review data have been found.
the quality of patent challenges when the major innovative pharmaceutical companies perform well in terms of the number of patent challenges? An analysis of the results of patent challenges initiated by pharmaceutical companies found that the Patent Office of the State Intellectual Property Office (formerly the Patent Review Board) had made 63 examination decisions after the trial, of which 38 (60%) were invalid, 15 (24%) were partially invalid and 10 were valid (16%).
can be seen that domestic research and development capabilities of enterprises not only have a strong research and development skills, in the "patent war" battlefield also laugh aojiang Lake.
the patent war in the pharmaceutical circle, let's jump out of the pharmaceutical circle and look at the overall situation of Chinese patents from a macro perspective.
last year, the number of patent applications for inventions in China was 1.401 million.
453,000 patents for inventions were granted.
, 361,000 domestic invention patents were granted.
2019, a total of 1.023 million patent applications for inventions, 1.981 million patent applications for utility models and 744,000 patent applications for designs were filed.
number of patent review requests was 55,000 and the number of cases closed was 37,000.
number of requests for annulled declarations was 0.6 million and the number of closed cases was 55,000.
Thus, China in the foreseeable future will gradually step into the ranks of intellectual property rights, but still can not ignore the stage challenge is how to improve the quality of patents, highlight the value of intellectual property rights, in this regard, it is difficult to avoid some patent applications rejected or invalid declaration.
the process of world trade integration, it has become the main means of international economic struggle to occupy and defend the market by protecting intellectual property rights.
Overview of China's intellectual property system and industrial development, we have its own unique mode of operation and not to the epidemic as a transfer of industry trends, in the era of market economy, so that the best allocation of resources is to stimulate innovation, so that intellectual property rights.
investment and innovation drive China's industry step by step towards transformation and upgrading, many regions are gradually rising, but there is still a lot of room for market rise.
research and development is still continuing, all is still working hard, the science and technology industry patent war, has never been just a legal battle, but the competition of science and technology ecology, is the competition of the industrial pattern.