A perspective from generic drugs on typical cases under China's drug patent linkage system
SONG Jie-mei
WANG Hua-ping
XU Dan
Abstract:The implementation of China's drug patent linkage system has established a crucial platform for the early resolution of patent disputes between originator and generic drugcompanies.This article systematically reviews the patent declaration information of generic drugs registered on the China Listed Drug Patent Information Registration Platform,the drug-related cases published by the China National Intellectual Property Administration,and the judgments published on the China Judgements Online.Focusing on typical cases since the implementation of the drug patent linkage system,the article analyzes the patent declaration strategies employed by generic drug companies,as well as the common defense strategies used in drug patent linkage cases from the perspective of generic drug companies.The study aims to provide practical insights to assist generic drug companies in making more informed and strategic decisions regarding patent declarations within the complex landscape of pharmaceutical patents.
Keywords:patent linkagepatent declarationdefense strategy
Publication Date:2026-01-15
Online Publishing Date:2026-08-14(First online date of this platform, not the publication date of the document)
Pages:6( 35-40 )
