The CNIPA Concluded the First Batch of Administrative Adjudication Cases under the Early Resolution Mechanism for Drug Patent Disputes

May 18, 2022

Recently, the CNIPA concluded three administrative adjudication cases under the early resolution mechanism for drug patent disputes. This is the first batch of administrative cases of this type concluded in the country since the implementation of the new Patent Law.

It is reported that the first batch of cases concluded involved patent rights of inventions No. 201210135209.X, No. 201510599477.0 and No. 201010151552.4, and the drug variety is "oxycodone hydrochloride sustained-release tablet" from Purdue Pharma L.P. The company requested confirmation that the generic drug-related technical solutions of Yichang Humanwell Pharmaceutical Co., Ltd. fell within the protection scope of the above-mentioned patent rights. The collegial panel of the CNIPA put the case on record in accordance with the law. After trial, it was finally confirmed that the technical solutions related to generic drugs did not fall within the protection scope of the above-mentioned patent rights. In the administrative adjudication case involving the patent right of invention No. 201010151552.4, the collegial panel also tried the defense of the patent registration error raised by Yichang Humanwell Pharmaceutical Co., Ltd., and finally determined that the defense was untenable.

The above-mentioned cases are the first batch of adjudication cases for early resolution of drug patent disputes through administrative channels, and the trial period of these cases is only six months.

(Source: the CNIPA)