sleepingpanda / Shutterstock.com
Changes to China’s patent laws and a filing by a Wuhan lab involving Gilead’s remdesivir have set up an interesting patent race, says Thomas Moga of Dykema.
The Patent Law of the People’s Republic of China first went into effect on April 1, 1985. It has been amended three times with a fourth amendment scheduled to take effect on June 1, 2021.
The Chinese patent system includes an invention patent, similar to the utility patent of the US. The invention patent application is substantively examined by patent examiners to determine if the invention is novel, inventive, and has “practical applicability”.
The author found that personal interviews with Chinese patent examiners can be effective in advancing prosecution because many examination problems are the result of translation confusion.
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at email@example.com
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
Virology, remdesivir, patent laws, Wuhan, novel, utility model, biotechnology, FDA, generics, COVID-19, Gilead