Patenting Pharmaceuticals in China

摘要

The pharmaceutical industry is developing fast in China and the market is getting more mature in recent years, which draws the attention of multinational producers and investors. Patent protection is important for the commercialization of Pharmaceuticals in China. This article will introduce the prosecution and enforcement of Pharmaceuticals in China, in view of the amendments to the Chinese Patent Law, particularly the upcoming fourth amendments to the Patent Law. Particular issues in connection with the prosecution of Pharmaceuticals will focus on patentable subject matter, sufficient disclosure, medical use claims. Further, specific issues in relation to patent term, patent linkage, regulatory exclusivity and Bolar exemption will also be highlighted. Current problems and perspectives of the authors will be addressed.