Analysis of the overall characteristics of patent invalidation request activities in the pharmaceutical industry
Under the background of"Healthy China Strategy",China's newly issued"Drug Patent Linkage System"has made patent invalidation request an important tool for the pharmaceutical companies to strive for the first imitation right and market exclusivity period.The statistical analysis path was used to quantitatively present the overall key features of patent invalidation requests activities for different-type drugs of pharmaceutical industry,such as the frequency,outcomes of patent invalidation requests,the patentees who are frequently requested for patent invalidation,and the petitioners for invalidation with high frequency,based on the data of drug patent invalidation decisions published by the Patent Reexamination and Invalidation Department of the Patent Office,China National Intellectual Property Administration(CNIPA).We found that the frequency and the examination outcome of patent invalidation requests of different-type drugs in the Chinese market are different.The frequency of invalidation requests for chemical drug invention patents is the highest,followed by traditional Chinese medicine and biological products.The proportion of patent rights invalidated in the examination outcome of chemical drug patents is also the highest,followed by biological products and traditional Chinese medicine.Patentees with higher frequency of invalidation requests for chemical drugs and biological products are mainly foreign pharmaceutical companies,while those with a higher frequency of invalidation requests for traditional Chinese medicine are mainly local pharmaceutical companies.The most active petitioners for invalidation are mainly domestic pharmaceutical companies.The highly active petitioners for invalidation for chemical drugs,biological products and traditional Chinese medicine are mainly local pharmaceutical companies.It is beneficial for pharmaceutical companies to have a deep understanding of the competitive environment in pharmaceutical industry,in order to enhance the ability to respond to new systems and environments,and to promote technological innovation,transformation,and upgrading of China's pharmaceutical industry.
drug patent linkage systempatent invalidation requestspharmaceutical companiescompetitive environment
NETL
NSTL
万方数据
