Supplemental experimental data in Chinese pharmaceutical patent practice: acceptable or not?
Weiwei Han School of Intellectual Property, East China University of Political Science and Law

Search for other papers by Weiwei Han in
Current site
Google Scholar
PubMed
Close
Restricted access

Experimental data is of great importance for pharmaceutical patents. The examination and acceptability of supplemental experimental data in China are analyzed in this article, based on recent judicial interpretation issued by the Supreme People’s Court, the Guidelines for Patent Examination issued by the China National Intellectual Property Administration, as well as influential cases in recent years. It is found that both the CNIPA and the courts hold that supplemental experimental data should be examined and can be accepted if the data meet the requirement of ‘obtainable from the original disclosure’. It is suggested that the acceptability of supplemental experimental data be determined on a factual and factor basis in patent prosecution and judicial review. And it is envisioned that reasonable acceptance of supplemental experimental data would enhance the patent protection of pharmaceuticals and promote innovations in the health industry.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Purchase

Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account
Since 2022 Since May 2022 Past 30 Days
Abstract Views 779 482 94
Full Text Views 109 18 1
PDF Downloads 40 13 1