Discussion Of Support Issue Of Biological Sequence Claims From An Invalidation Case

Background

It is widely known that the biotechnology industry heavily relies on patent protection, and use of biological sequences (such as nucleotide or amino acid sequences) to define the scope of patent claims is a conspicuous feature in this field. However, whether such claims are supported by the description has been a prominent issue in examination and litigation, with China's standards generally being more stringent compared to other countries and regions like the United States, Japan, and Europe.

Article 26.4 of the Chinese Patent Law states that "the claims shall be supported by the description and shall define the extent of the patent protection sought for in a clear and concise manner".