Tag: experimental data

Taiwan: Burden of Proof Regarding the State of the Art

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In a recent decision (2023 Xing Zhuan Su Zi No. 16), the Intellectual Property Court of Taiwan set important standards regarding the burden of proof in assessing inventive step and the admissibility of supplementary experimental data. The case concerned Taiwanese Patent No. I682882, which describes a biodegradable composition. The patent holder faced an invalidation action… Continue reading Taiwan: Burden of Proof Regarding the State of the Art

Stricter Control of Experimental Data in China

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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… Continue reading Stricter Control of Experimental Data in China