Tuesday, January 11 2022   \  Published by SPRUSON & FERGUSON.

Patent Linkage System in China: Foreign Entities May Meet New Challenges in Court

With the introduction of 4th revision of China’s Patent Law on 1 June, 2021, we have reported the new developments of China’s patent linkage system, which we cover in the articles below:

According to the new Article 76 in the 4th revision of the Patent Law, “In the process of the marketing review and approval of new drugs, where a dispute arises, due to the right of the patent concerning the drug in the application for registration, between the applicant for the drug marketing authorization and the concerned patentee or interested party, any of the parties may institute legal proceedings in the people’s court, requesting for a judgment on whether the technical solutions related to the drug applying for registration fall within the protection scope of the other party’s drug-related patent right”. Read more

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