Patent Protection for Medical Uses and Relevant Judicial Practice in China

(Author: Ms. Duan Xiaoling; Source: WAN HUI DA)

The Supreme People's Court (hereinafter refers to as SPC) recently announced  "2013 Top Ten Innovative Intellectual Property Cases of Chinese Court". Among these exemplary cases, the retrial case applied by the Cubist Pharmaceuticals, Inc. (hereinafter refers to as Cubist) before the SPC is very representative in the field of patent protection for medical use inventions. This retrial case relates to the administrative disputes arising from the Invalidation Decision made on Cubist's patent by the Patent Reexamination Board (hereinafter refers to as PRB) of . . .

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