Although there is no substantial difference between drug patent linkage cases and patent infringement cases in terms of substantive rules,there are great differences in acceptance conditions.In the cases that have been concluded so far,the determination of acceptance conditions is mainly reflected in the relationship between the original drug involved and the patent in question,the legal status of the patent involved,type of patent that can be registered,the judgment on the type of declaration,and the determination on the nature of the 45-day period.Based on rulings in these cases,if the original drug involved does not fall within the protection scope of the patent in question,or the patent in question has been declared invalid but remains in litigation,or if the patent type is not eligible for registration on the Chinese Marketed Drug Patent Information Listing Platform,or if the declaration made by the generic drug applicant does not belong to the four types of declarations in substance,and if the time for the generic drug applicant to file a lawsuit does not adhere to the 45-day rule,the above-mentioned lawsuit would not meet the acceptance conditions.
drug patent linkage caseacceptance conditionspatent typepatent declaration
NETL
NSTL
万方数据
