The ruling is likely be one of the most interesting and
important invalidity decisions in 2023
The Patent Re-examination Board of China's National
Intellectual Property Administration (PRB) recently issued a
decision to invalidate two "orange book" patents owned by
AbbVie. The ruling, which will likely to be one of the most
interesting and consequential invalidity decisions issued by the
Chinese patent office this year, establishes a new rule that
sufficient disclosure of experimental data should be considered
when reviewing the priority of a pharma patent.
Warning about the dangers of claiming priority to a document
without experimental data, especially where Markush claims are
concerned, the PRB's decision relates to patent
No.ZL2010800692920.6 (Decision No. 561725) and its divisional
application ZL201810902092.0 (Decision No. 562232). The
applications were registered in the "orange book" of the
Chinese patent linkage system and cover the second-generation
