The amended patent law, which came into effect on June 1, 2021, gives new power to the China National Intellectual Property Administration (CNIPA), allowing it to hear major patent disputes of national significance upon the request of patentees or stakeholders. Recently, CNIPA concluded its maiden trial, handing out decisions on two cases, both involving infringement of Patent No. ZL201510299950.3, owned by the Germany-based Boehringer-Ingelheim.
After deliberating on whether the cases were admissible as major patent disputes, whether the pharmaceuticals in question listed on the internet in multiple provinces (autonomous regions and/or municipalities) fell into an offer for sale or exceptions to infringement prescribed in the patent law, and some other central issues, CNIPA made a ruling within the required time limit.
In the next step, CNIPA plans to keep comprehensively enhancing IP protection mandated by the Party Central Committee and the State Council, use its power authorized by law to try major patent disputes, give full play to the advantages of professional and rapid administrative adjudication, effectively maintain a fair market order, and protect the legitimate rights and interests of patent owners and the public.
Editor: IPR Daily-Selly