Provisions on Several Issues Concerning the Application of the Law in the Trial of Civil Disputes Over Patents of Pharmaceuticals for Which Registration is Applied

关于审理申请注册的药品相关的专利权纠纷民事案件适用法律若干问题的规定

Judicial proceedings for the patent linkage system specified

(Promulgated by the Supreme People's Court on July 4, 2021 and effective as of July 5, 2021.)

（最高人民法院于二零二一年七月四日公布，自二零二一年七月五日起施行 。）

SPC Interpretation [2021] No.13

法释〔2021〕13号

These Provisions have been formulated pursuant to relevant laws such as the PRC Patent Law and the PRC Civil Procedure Law, and in light of the realities of intellectual property adjudication, in order to correctly try civil disputes over patents relating to pharmaceuticals for which registration is applied.

为正确审理申请注册的药品相关的专利权纠纷民事案件，根据《中华人民共和国专利法》《中华人民共和国民事诉讼法》等有关法律规定，结合知识产权审判实际，制定本规定。

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