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14

AUG

2020

P.C. & Associates Helped An International Pharmaceutical Company Win An Outright Victory In Patent Invalidation Proceeding And Administrative Lawsuit.

Recently, under the authorization of an international pharmaceutical company, P.C. & Associates (“PCA”) successfully made the No.200410075803.X invention patent owned by Lunan Pharmaceutical Group wholly invalid, and won the final victory in the subsequent administrative action.

The protection periods of patent for active pharmaceutical ingredient are only 20 years. Pharmaceutical enterprises often deliberately explore their dosage form patents and usage patents based on existing active ingredients in order to extend the patent protection periods. Similarly, its competitors take advantage of this point to form anti-encirclement for RLD (Reference Listed Drug). On the basis of combining the drug patents’ characteristics, PCA thoroughly and deeply researched on the patent documentation and prior arts of this case, prepared adequate evidence to prove that the prior arts on the whole provide motivation for change of formulation, and thus formulated a systematic and targeted invalidation strategy.

In this case, the patentee ever twice suspended the invalidation proceeding by using the relevant provisions of patent laws and regulations. During the first suspension period, PCA actively responded, collected and submitted relevant evidence, and successfully enabled the CNIPA to resume the trial for the invalidation request before the expiration of the original suspension period. During the second suspension period, PCA actively reported to the Department of Treaty and Law of the CNIPA to point out the “Coincidence” that the Patent was suspended twice successively in two years, the existing rule loopholes, and possible situation disturbing administrative order. Because the patentee possibly suspended the invalidation proceeding in bad faith, PCA proposed to the CNIPA the establishment of the suspension hearing procedure and the request for active investigation, to safeguard the interests of all parties in the administrative proceeding.

Finally, the CNIPA approved and adopted the evidence and statement submitted by PCA and supported the invalidation request of the petitioner in the invalidation decision. PCA invalidated all the claims of the invention patent simply by initiating one invalidation proceeding.

In the subsequent administrative action, the patentee filed an application for withdrawal with Beijing Intellectual Property Court before the date of administrative litigation hearing, and the court finally ruled to allow the withdrawal. So, this case had been concluded.

About the Firm

P. C. & Associates
Address 9th Floor, Scitech Tower, No.22 Jian Guo Men Wai Avenue, Chaoyang District, Beijing, China 100022
Tel 86-10-6559 4091
Fax 86-10-6559 4092
Email mail@pcassociates.cn
Link www.pcassociates.cn

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