Date: 2 June, 2023

Wisdom’s article “Inventive step Judgement on Pharmaceutical Polymorph Patents and How to Leverage Patent Linkage System in Taiwan” (in Japanese) was featured in the latest edition of the Journal of Intellectual Property Management (May 2023, VOL.73 NO.5 [NO.869]) published by the Japan Intellectual Property Association (JIPA). The full article can be found here.

Most pharmaceutical polymorph patents involve new polymorphs of known compounds, of which the inventive step is determined primarily by the technical effects of the new polymorph. Director George J. H. Huang (Attorney at Law and Patent Attorney) and Yi-Ting Chen (Patent Attorney) shared their victory in Bayer HealthCare LLC. In Bayer HealthCare LLC v Synmosa Biopharma Corporation (2021 Minzhuansuzi No. 8 Judgment, 30 November, 2021) case, and summarize the judgments in Taiwan and China and proposes strategies for applying for pharmaceutical polymorph patents.

On another front, as Taiwan adopts a "dual-track system" in which both the IP Court and the IP Office have jurisdiction to judge patent validity, this article analyzes infringement litigation judgments after the implementation of the patent linkage system and proposes strategic recommendations for pharmaceutical patent linkage litigation under the dual-track system.