The Supreme People's Court's First Patent Linkage Decision

September 23, 2022 | BY

Susan Mok

The Supreme People's Court has made a ruling in what has become China's first patent linkage case. Fang Qi and Danlei Wu of Fangda Partners examine the potentially far-reaching implications of this significant decision

Summary

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  • The Beijing Intellectual Property Court recently issued a landmark patent linkage decision in Chugai v. Haihe
  • The Supreme People's Court has now affirmed that decision 
  • The ruling is likely to have a far reaching impact on future patent linkage cases, in part because the SPC has provided guidance on dealing with a registered claim being amended during the course of litigation
  • The case also demonstrates that such issues can be dealt with by the courts in only a few months

Less than four months after the Beijing Intellectual Property Court issued the first instance decision in the Chugai v. Haihe case (discussed in a previous China Law & Practice article), the Supreme People's Court affirmed the decision in a ruling issued on August 5, 2022. This has become the first effective judicial patent linkage decision in China.

Background of the Case

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