China National Intellectual Property Administration clarifies administrative adjudication measures for significant patent infringement disputes in pharmaceutical cases

Abstract

Abstract The China National Intellectual Property Administration decided that the plaintiff’s administrative adjudication request met the conditions for acceptance according to the Measures for Administrative Adjudication of Significant Patent Infringement Disputes (2021), even if there was an ongoing judicial suit in the People’s Court concerning related patents. Although the defendant had filed an application for invalidation of the plaintiff’s patent, the defendants’ plea to suspend the ongoing patent infringement adjudication was dismissed based on considerations related to fairness and efficiency.