CN Patent Linkage Measures (Trial) Finalized And Issued By NMPA

On 4th July 2021 (as specific celebration to the US?). The link is as below:

www.nmpa.gov.cn/xxgk/ggtg/qtggtg/20210703223942131.html

My previous relevant posts/articles are as below:

• https://www.linkedin.com/pulse/chinas-draft-patent-linkage-implementation-method-public-toby-mak
• https://www.linkedin.com/posts/tobymak_cn-activity-6800976094418866177-zYLe

In addition that there is NO 9-month deadline to conclude a trial (at a court of at the CNIPA, which means that the generic application could proceed as normal at the NMPA if a decision could not be made at the court/CNIPA within this 9-month period), I have the following observations:

•  Article 7 - If the drug patentee/marketing approval holder filed a complaint at a court/CNIPA within the 45-days period, but the case was not accepted by the court/CNIPA within this 45-days period (due to formalities or whatever other reasons), it is unclear whether the 9-month period would be invoked.