CNIPA Issues Interpretation of the Administrative Adjudication Measures for the Early Resolution Mechanism for Drug Patent Disputes

On 18 September 2021, the China National Intellectual Property Administration (CNIPA) released the Interpretation of the Administrative Adjudication Measures for the Early Resolution Mechanisms for Drug Patent Disputes, delineating the formulation background and process as well as the main objectives and contents of the Administrative Adjudication Measures, which, effective on 5 July 2021, provide for the handling of cases involving the administrative adjudication of patent disputes in the process of drug marketing review and approval.

The Interpretation, among others, expounds seven key aspects in administrative adjudication involving drug patent disputes in China, namely, eligible requesters; the time limit to request administrative adjudication; the conditions and eligible drug patents for seeking administrative adjudication; coordination of administrative and judicial channels in resolving drug patent-related disputes; administrative adjudication and invalidation proceedings; execution of administrative ruling; and judicial remedy in case of dissatisfaction with the decision of administrative adjudication.