On 6 September 2022, * * * The intellectual property office issued examination decisions on patent invalidations nos. 58103 and 58106, maintaining ZL201510299950.3 and ZL03819760, respectively. X the patent rights of the two Chinese patents (hereinafter referred to as“The patents in question”) are valid. Law Firm Kun Rui was commissioned by the patent Boehringer Ingelheim Liang he company to provide legal services for the series of patent invalidation cases.
The patents in question relate to a blockbuster Anti-diabetic medication called “Ligmentin” developed by Boehringer (trade name: o'donnell) . Its stable and long-lasting hypoglycemic effect, no need to adjust the dose according to the patient's liver or kidney function, and no increase in cardiovascular risk make it one of the world's best-selling Anti-diabetic medication. In addition, China's first two major administrative rulings on patent infringement are based on one of the two patents involved in the administrative rulings, which also makes the series of invalid case review process and results continue to receive industry attention.
According to the ruling of the major administrative patent infringement case, the manufacture, sale and promised sale of generic ligliptin by Guangdong Dongyangguang Pharmaceutical Co. , Ltd. and Yichang Dongyangguang Changjiang Pharmaceutical Co. , Ltd. infringed the patent rights of ZL201510299950.3, one of the two patents involved in the case. One of them, Yichang Dongyangguang Changjiang Pharmaceutical Co. , Ltd. , is the applicant for invalid declaration of this series of invalid cases.
This series of invalid case review process can be described as twists and turns. In September and November of the 2021, the claimant, on the ground of non-compliance with Article 22(3) and Article 26(3) and (4) of the patent law, has filed two patents involved in the case * * round patent invalidation claims. Under the leadership of lawyer Feng xinqin, Kun Rui and his team have conducted a thorough study and discussion on the patents involved and the evidence cited by the petitioner, and have adopted a practical and effective argument strategy based on the medical professional knowledge and relevant laws and regulations, during the oral hearing on 21 March 2022 on the application for annulment of the * * * round of patents, the Kunrui team presented a reasoned response to the various grounds and evidence of the applicant for annulment. Shortly after the oral hearing, the petitioner withdrew its request for annulment of the two patents in question. In April 2022, the claimant filed a second round of invalidation claims against the two patents in question. In the second round of claims for invalidation of the two patents in question, the claimant added several new pieces of evidence, the grounds for invalidity still being Article 22, paragraph 3, and Article 26, paragraphs 3 and 4, of the patent law. Faced with waves of fierce attacks prepared by their opponents, the Kunrui team further adjusted and optimized their defense strategy after carefully analyzing the new evidence provided by the petitioner, at the oral hearing held on 16 August 2022, the reasons why the patent in question should be maintained were once again fully elaborated.
* * * on 6 September 2022, the joint panel of the Patent Review Invalidation Department of the Intellectual Property Office (IPO) made an invalid decision, maintaining the validity of all the two patents involved.
As a professional foreign-related law firm with many years of experience in the field of intellectual property rights in life sciences and dedicated to safeguarding original intellectual property rights, the Kun Rui team is very pleased to see that, today, with the vigorous implementation of the intellectual property strategy, the protection of intellectual property rights is getting stronger and stronger. Intellectual property protection is particularly important in the field of medicine. Behind every blockbuster drug, not only the wisdom and sweat of R & D personnel, but also facing a long r & D cycle and huge R & D costs. Respect for original research, protection of original, pharmaceutical patents should not be easily declared invalid. To protect original creation and encourage original research is the right path in the world. To protect intellectual property is to protect the future of human society. Without original creation and original research, there will be no progress in science and technology. Only when the intellectual achievements can be truly protected, can we have the motivation and funds to carry out scientific research, to constantly promote scientific and technological progress and social development.
The project team includes:
Lawyer Feng Xinqin
Guo Jie is a patent agent
Guan Xiangyu, solicitor
Director, founding partner, attorney, patent attorney. Engaged in intellectual property industry for 26 years. The former co-chairman of Aippi Medical Professional Committee is now the Standing Committee member, and the Chairman of the Medical Professional Committee of Aippi China Branch is selected into the list of“IAM Patent 1000”* * * lawyers. The“Heat-stable glucoamylase” patent-related patent infringement and patent invalidation cases have been listed in the“Chinese Court 10 top intellectual property cases”, “The year 10 top intellectual property cases” and so on.
Master of Dalian University of Technology and Bachelor of Engineering, Intellectual Property Law ll. M. Master of Civil and commercial law.
Patent agent, engaged in intellectual property industry for 15 years. Master of Science and Bachelor of Science, School of Pharmacy, Peking University.
Lawyer, patent agent, engaged in intellectual property industry for 11 years. Master of Science and Bachelor of Science, School of Pharmacy, Peking University.