Chinas Guidebook for Pharmaceutical Patent Protection - Market Research Reports | 2016 : Market Databook || Road Infrastructure Construction in Mexico to 2016 | Scoop.it

 

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Chinas Guidebook for Pharmaceutical Patent Protection

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Description 
 
China is expected to become the fifth largest drug market in the world by 2010 with a growth rate of 20-25 percent per annum in next three years. As China joins the World Trade Organization (WTO) and integrates more completely into the global economy, it will further open the door to a lucrative drug market for overseas pharmaceutical companies, which attracts more and more overseas pharmaceutical manufacturers and producers to enter such drug market and seize a larger part of such drug market. However, the Chinese social environment for the protection of intellectual property right is complex. The locally produced generics and copy products dominate the Chinese drug market. It is estimated that about 97 percent of the drugs produced by local companies are generics or counterfeits.
 
 Facing such complex social environment and market, most overseas and multinational pharmaceutical companies fear that their imported drugs and pharmaceuticals produced in China will be imitated or copied, in turn, their intellectual property will be infringed and benefit will be violated. What reason incurred such fear of overseas and multinational pharmaceutical companies? Why did Eli Lilly & Company fail in its litigation of patent infringement dispute case in China? Why can Pfizer win in an administrative proceeding against the Patent Reexamination Board of the China State Intellectual Property Office (SIPO) for its Viagra patent? Lack of knowledge of the Chinese intellectual property right system and legislation institution, the cultural difference between China and Western countries as well as the language barriers incurred such result.
 
 China’s Guidebook for Pharmaceutical Patent Protection is an essential resource for overseas and multinational pharmaceutical companies to achieve a successful patent protection for their intellectual property in China. This guidebook, targeting overseas and multinational pharmaceutical companies and combining case studies of patent infringement dispute in China from them, will provide a comprehensive and thorough knowledge of the Chinese patent system and legislation institution to guide overseas and multinational pharmaceutical companies step by step to achieve a successful patent protection for their intellectual property in China, which is beginning from the organization structure and the responsibility of Chinese patent authorities, the application for patent, the examination and approval of application for patent, the protection of patent right, to design for compositions of optimized patent protection strategies. Its audiences are the executives from overseas and multinational pharmaceutical companies who have the preliminary knowledge of patent. It is also a textbook for the readers studying in the patent protection for intellectual property rights relating to pharmaceuticals. After having skimmed through this guidebook, audiences and readers can not only be clearly aware of the Chinese patent system and legislation institution, but also design an optimized patent protection strategy for themselves to acquire an adequate protection for their patent right in China.
 
 Guidebook Highlights

 China’s Guidebook for Pharmaceutical Patent Protection provides a comprehensive and thorough knowledge of the Chinese patent system relating to pharmaceuticals, the detailed administrative, civil and criminal judicial pathways for protections of patent right, and the design for composition of optimized protection strategies.
  The organization structure of patent authorities and judicial system;
  A comprehensive and thorough knowledge of the Chinese patent system and the relevant laws and administrative regulations relating to pharmaceuticals;
  The patentable subject matter relating to pharmaceuticals in China;
  Administrative protection for patent right;
  Civil judicial procedures and remedies for patent right;
  Criminal punitions for infringement of patent right;
  Design for compositions of optimized protection strategies;

 

Table of Contents :

 

Executive Summary 4
 Preface 6
 Chapter 1. Introduction 9
 Chapter 2 . Organization Structure of Patent Authorities and Judicial
 System 12
 2.1. Organization Structure of Patent Authorities 12
 2.2. Organization Structure of Judicial System 14
 2.3. Responsibilities of the State Intellectual Property Office (SIPO) 15
 2.3.1. Responsibilities of the Patent Office 15
 2.3.2. Responsibilities of the Patent Reexamination Board 16
 Chapter 3. The Objects of Patent Right 17
 3.1. The Objects of Patent Right 17
 3.2. The Non-Patentable Subject Matter 18
 Chapter 4. The Patentable Subject Matter Relating to Pharmaceuticals 19
 4.1. The Patentable Subject Matters for Invention 19
 4.2. The Patentable Subject Matters for Utility Model 22
 4.3. The Patentable Subject Matters for Design 22
 Chapter 5. Application for Patent 23
 5.1. The Right of Patent Application 23
 5.2. The Applicant for Patent 24
 5.3.1. The Date of Filing 25
 5.3.2. The Priority Date 25
 5.4. Application for Patent 27
 5.4.1. Application for a Patent for Invention or Utility Model 28
 5.4.2. Application for a Patent for Design 33
 Chapter 6. Examination and Approval of Application for Patent 34
 6.1. Examination and Approval of Application for Patent for Invention 35
 6.2. Examination and Approval of Application for Patent for Utility Model and Design 42
 6.3. Examination and Approval Procedure of Application for Patent for Invention 48
 6.4. Examination and Approval Procedure of Application for Patent for Utility Model or
 Design 50
 Chapter 7. Reexamination of Patent Application and Invalidation of Patent Right 51
 7.1. Reexamination of Patent Application 51
 7.2. Reexamination of Invalidation of Patent Right 53
 Chapter 8. Legitimate Rights and Liabilities of Patentee 56
 8.1. Legitimate Rights and Interests of Patentee 56
 8.2. Legitimate Liabilities of Patentee 58
 Chapter 9. Limitation of Patent Right 58

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