On 4th July2021, the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation) (“Measures”) were officially published on the website of National Medical Products Administration (“NMPA”), and immediately came into effect. The Measures, jointly issued by the NMPA and China National Intellectual Property Administration (“CNIPA”), are a further step to establish a patent linkage system in China, after the major amendments in the new Patent Law.
In the newly published, immediately effective Measures, the concept of following the main conditions of the new system are stipulated and cover the following: the Drug Patent Information Record Platform (“the Platform”) for registration and information disclosure; the Types of Patents that can be registered; the Categories of Declarations for relevance to patents for generic drugs; the judicial path and administration path for enforcement; the waiting period; the different types of
