CNIPA Concluded the First Batch of Administrative Rulings on Major Patent Infringement Disputes

On June 1, 2021, the revised Patent Law came into effect, giving CNIPA the right to handle patent infringement disputes that have significant influence across the country at the request of the patentee or interested party. Recently, CNIPA concluded the first two administrative adjudication cases concerning major patent infringement disputes, and made a ruling on whether the respondent infringed the ZL201510299950.3 invention patent right owned by the German-owned enterprise Boehringer Ingelheim Pharmaceuticals Co., Ltd. The first batch of cases focused on the acceptance conditions of major patent infringement disputes, whether the drug listing behavior of the respondent in multiple provinces (autonomous regions and municipalities) is an offer to sell, and whether it is an exception to infringement stipulated in the Patent Law. , made the decision within the statutory time limit. In the next step, CNIPA will conscientiously implement the decision-making and deployment of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, perform its duties in accordance with the law, and handle patent dispute administrative adjudication cases with significant national influence in accordance with the relevant provisions of the Patent Law. Give full play to the advantages of professional and rapid administrative adjudication, effectively maintain the market order of fair competition, and protect the legitimate rights and interests of patentees and the public.