Measures for Implementing the Early Resolution Mechanism for Drug Patent Disputes (Trial)
Request Measures for Implementing the Early Resolution Mechanism for Drug Patent Disputes (Trial)
  • Local Title:药品专利纠纷早期解决机制实施办法(试行)
  • Country/Region:Chinese Mainland
  • Competent Authority: National Medical Products Administration (NMPA);  China National Intellectual Property Administration (CNIPA)
  • Type:Regulation
  • Status:In force
  • Release Date:2021-07-04
  • Implementation Date:2021-07-04
Document
Language Source Title Access
ZH Official 药品专利纠纷早期解决机制实施办法(试行) Download
ZH Official 《药品专利纠纷早期解决机制实施办法(试行)》政策解读 Download
Summary

The Measures is part of the framework of China's Drug Patent Linkage System. The system aims to bridge the marketing approval of generics and the patent protection of brand-name drugs. 

The Measures' main contents are as follows:

  • System for Platform Development and Information Publication

  • System for Patent Registration

  • Patent Statement System for Generic Drugs

  • System of Jurisdiction Linkage and Administration Linkage

  • System of Stay Period for Approval

  • Classification System for Dealing with Drug Reviews and Approvals

  • System of Marketing Exclusivity Period for First Generics (The first generic in China refers to the first generic drug products manufactured and marketed domestically. The exclusivity is only applicable to the first generics that successfully challenge the valid patents, not to the first generics that get marketing approval after the corresponding patents expire)

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