JIPA’s Journal Article (May 2023) on Polymorph Patents and Patent Linkage Litigation

Title
Inventive step Judgement on Pharmaceutical Polymorph Patents and How to Leverage Patent Linkage System in Taiwan
Publisher
Japan Intellectual Property Association (JIPA)
Author
George Huang (Director, Attorney at Law and Patent Attorney)
Yi-Ting Chen (Patent Attorney)
Published Date
20 May 2023

Summary of the article:

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.The full article can be read here.

 

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