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ARTICLE · 31 JANUARY 2018

Beijing Higher Court Holds A Markush Claim May Include Multiple Solutions

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Beijing Higher People's Court in a recent judgment holds that a Markush claim may include multiples technical solutions and thus may claim partial priority, i.e. some of the technical solutions...

ChinaIntellectual Property
Lexfield Law Offices
Lexfield Law Offices

Beijing Higher People's Court in a recent judgment holds that a Markush claim may include multiples technical solutions and thus may claim partial priority, i.e. some of the technical solutions may claim a priority while other solutions cannot. This holding is very welcome to owners of pharmaceutical patents. 

The judgment was made out of an invalidation action against Gilead Sciences's patent No. 97197460.8 which relates to drug Tenofovir for treating hepatitis B. 

This judgment is also a rare win for foreign pharmaceutical companies in defending their patents in China, by which Gilead has its patent upheld at least for now. 

The court's detailed reasoning deserves a careful reading: 

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