RNAi Patent Success In China: Overcoming "Comprising" Claim Challenges

An Update on Sufficiency and Inventiveness of RNAi Patents in China

RNAi is a fast-developing technology that has gained traction in the pharmaceutical industry as a promising therapeutic agent. It is important to follow closely RNAi patent proceedings to learn how different examination boards and courts understand and handle these new technologies.

The first-ever invalidation decision in China for an RNAi patent¹ was rendered in 2022 by the Patent Re-examination Board (the "Board"). We previously wrote about this case, which discussed the standards for post-filing data, sufficiency, and inventive step, particularly for RNAi inventions. Since then, two newer cases involving RNAi have also been upheld by the Board after facing similar challenges against support and inventiveness. These cases provide further insight into the Board's standards on examining RNAi patent invalidations.