Understanding China's Pharmaceutical Patent Linkage System: Framework And Case Overview (Part 1)

The fourth amendment to the Patent Law of the People's Republic of China (hereinafter, the "Patent Law") came into effect on June 1, 2021. In July of the same year, the Measures for the Implementation of the Early Resolution Mechanism for Drug Patent Disputes (Trial), together with corresponding judicial and administrative adjudication rules, were issued and brought into force. These developments marked the official launch of China's early resolution mechanism for pharmaceutical patent disputes (also known as the pharmaceutical patent linkage system, hereafter, the "Patent Linkage System" or the "Early Resolution Mechanism"). As of the date of writing, the system has been in operation for more than four years.