CPA Wins a Gene Tech Biopharma Patent Administrative Case on Behalf of Foreign Clients

The Intellectual Property Tribunal of the Supreme People's Court of China (SPC) recently proclaimed the adjudication on its first patent grant administrative case relating to gene technology biopharmaceuticals. This case was represented by China Patent Agent (H.K.) Ltd. (CPA) on behalf of a Dutch client and an English client in joint application, and the ruling was in favour of our clients. 

 

The patent application in suit is directed to genetic technology of monoclonal antibodies, a current hot topic of international frontline technology research. And the points of dispute in the case mainly concerned innovative step assessment and determination of technical inspiration.

 

In the first instance, Beijing Intellectual Property Court (BIPC) revoked the reexamination decision that upheld the rejection of the application, and requested China National Intellectual Property Administration (CNIPA) to make a reexamination decision anew. An appeal was subsequently lodged to the Intellectual Property Tribunal of SPC against BIPC's decision. In the second instance, it was decided that BIPC's ruling shall be upheld, and this is considered the final decision of the case according to the Chinese law.