直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

China's Patent Linkage System Is Finally Up and Running

July 15, 2021

Intellectual Asset Management (IAM)

Pharmaceutical and biotechnology companies in China will now have the benefit of Hatch-Waxman-style litigation, thanks to the launch of China’s patent linkage system in June 2021. Patent owners will be able to obtain a nine-month stay of approval on generic drugs they believe infringe their products. They must list the relevant patents on an Orange Book-style IP registry and file an infringement action within 45 days of the publication of the generic drug’s market approval application. A court decision will then be issued within nine months. IAM interviewed Finnegan partner Li Feng for her thoughts on the new system.

Although the new system launched, the wording of some of the rules has left some uncertainty. Li said, “They state that the NMPA [National Medical Products Administration] must publish the certification within 10 days of receiving it. After a semi-colon, they state that the generic must also inform the patent owner, but do not explicitly state a time-limit. Because the language is not very clear, I would advise the patent owners to continue to monitor the system.”

However, the rules surrounding parallel infringement proceedings have been clarified. Li said, “The final rules make it clear that if your suit is accepted by the court, you can no longer pursue the case in the administrative forum.” She added, “Because a patent owner only has 45 days to file suit, it is important to make sure that your suit is accepted by at least one of the two forums. So, patent owners may want initially to file suit in both forums.”

Read “China's Patent Linkage System Is Finally Up and Running”

Tags

China

Related Practices

Patent Drafting and Prosecution

Related Industries

Life Sciences

Pharmaceutical

Biotechnology

Related Offices

Washington, DC

Related Professionals

Li Feng, Ph.D.
Partner
Washington, DC
+1 202 408 4382
Email

Related News

Award/Ranking

Finnegan Recognized Again Among Germany’s Leading Law Firms

October 9, 2026

Press Release

Finnegan Secures Summary Determination of No Violation in ITC Vehicle Space Guards Investigation for Drop Stop

October 6, 2026

Press Release

Finnegan Wins 2026 Excellence in Construction Award for Washington, DC Office Renovation

September 25, 2026

Commentary

Catching Up with Hope Shimabuku

September 29, 2026

Commentary

Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool

September 25, 2026

Award/Ranking

Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027

September 24, 2026

Press Release

Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower

September 23, 2026

Award/Ranking

Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026

September 23, 2026

Commentary

New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret

September 21, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP