A patent corresponding to the generic drugs that have been marketed in China and registered on the Patent Information Registration Platform for Marketed Drugs constitutes the related patent referred to in Article 76, Paragraph 1 of the Patent Law. If a pa

In an appeal case concerning a utility model patent infringement dispute, the Supreme Peoples Court clarified that for patents with questionable stability, courts may adopt interest-balancing measures, such as appropriately extending the enforcement perio

The Supreme Peoples Court concluded a dispute over infringement of an invention patent, dismissed all litigation claims of the patentee, and issued a penalty decision against the patentee for intentionally making false statements and obstructing the court

In drug patent linkage litigation cases, if the parties are in dispute over whether the technical solution of the originator drug falls within the protection scope of the relevant patent claims, the Peoples Court shall examine the issue. If the court dete

In drug patent linkage dispute cases, when the parties concerned have a disagreement over whether the patent in question falls within the types of patents that can be registered, the peoples court shall examine the issue. The lawsuit filed by a party purs

For patent disputes arising from drug registration applications filed after the implementation of the Patent Law but before the implementation of the Implementation Measures for the Mechanism for Early Settlement of Drug Patent Disputes, the parties conce

Even when a PCT applications legal effect has terminated in all PCT members including China, a party claiming to enjoy the patent application right still has litigation interests to initiate an ownership dispute against the published PCT applicant, and th

The Supreme Peoples Court concluded a utility model patent infringement dispute concerning the determination of the retroactive effect of a patent invalidation decision (declaring the patent invalid) on prior effective infringement judgments, where multip

In disputes over patent application rights or patent ownership, even if the inventors recorded in the patent or patent application documents were not directly responsible for the research and development of the relevant technology at their former employer

Where an alleged infringer engages in dishonest conduct in legal proceedings, such as making false statements, such behavior may be taken into consideration by the Peoples Court when determining the amount of the rights holder's reasonable enforcement exp