In the field of pharmaceutical and chemical substances, inconsistencies in the experimental data of a patent application in China can lead to the doubts on patent’s validity. The Higher People’s Court in Peking has decided in multiple cases that submission of incomplete or false data violates the “quid pro quo” principle in disclosing the patent data, and nullified patents based on these grounds.
In the light of this recent trend for stricter control of experimental data not only in front of the Chinese courts but also by the IP administration CNIPA during the patent application, it is advisable to submit quantitative data of performance and results instead of mere qualitative statements, and to thoroughly investigate them for inconsistencies. If multiple patent applications are submitted at the same time and the test data are overlapping or similar, it should be proved that the data are not contradicting.
More on the legal and economic developments for pharma and biotech in China in our webinar: