Are Your Chinese Patents At Risk?

November 30, 2004 | BY

clpstaff &clp articles

By Benjamin Bai and Helen [email protected]; [email protected] generated about US$1.7 billion in worldwide sales last year.…

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By Benjamin Bai and Helen Cheng

Viagra generated about US$1.7 billion in worldwide sales last year. Pfizer has patented the use of Viagra's active ingredient around the world, including in China, where the State Intellectual Property Office (SIPO) granted its patent on September 19 2001. Immediately after the grant, a dozen Chinese pharmaceutical companies and individuals filed petitions to invalidate the Viagra patent. Recently, SIPO issued a decision to revoke the patent on the grounds that the patent had failed to provide enough information on exactly how the active ingredient was manufactured. In addition, GlaxoSmithKline, Europe's largest drug maker, recently had to abandon its patent on a popular anti-diabetic drug, which was under attack by a group of Chinese drug companies. This article takes a closer look at Chinese patent invalidation proceedings.

Grounds for Invalidation

Under Article 45 of the PRC Patent Law(中华人民共和国专利法), any entity or individual who considers the grant of a patent to be contrary to