May 2018

On August 30, 2018: S&E will give a presentation on intellectual property in China and Taiwan — Basics regarding the patent linkage system and other pharmaceutical-related topics as well as the latest IP information –.

Xiaofen Wu (Patent Attorney) and Ayuko Nemoto (Attorney at Law) from Sonderhoff and Einsel will give a presentation at this seminar, which is being hosted by Johokiko Co., Ltd.. The topics to be covered at the seminar range from the essential basics on the patent linkage system related to pharmaceutical patents to the latest information on intellectual property.


Legal regulations concerning pharmaceuticals management in China and Taiwan are currently developing, and an understanding of these regulations is crucial. In addition, patent strategies for pharmaceuticals are becoming an important part of corporate management planning. Obtainment of patent rights and rights enforcement are particularly critical deciding factors in the profitability of pharmaceuticals.


This seminar will focus on rapidly developing China and Taiwan and explain the latest information on topics such as regulation trends in intellectual property — e.g., patent linkage systems and applications for approval of pharmaceuticals. Recent judicial decisions from the Supreme People’s Court (China) regarding the patentability of pharmaceutical patents and interpretation of rights as well as points to keep in mind during the practice thereof will also be covered.

Date: Thursday, 30 August 2018

Time: Seminar 13:30 – 16:30

Venue: Shinjuku Bunka Center, 4F, Meeting room No.2 (Japanese only)

6-14-1 Shinjuku, Shinjuku-ku, Tokyo 160-0022


Please click here for information on registration and more details regarding this seminar. (Japanese only)

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IP Practice: “Present Status of the Practice of Swiss-type Claims in China”

We are pleased to announce the May 2018 issue of Sonderhoff & Einsel China IP Newsletter.

In the Chinese pharmaceutical industry, claims written in the form “the use of substance X in preventing or treating Y disease” are not protected under Chinese patent law. Therefore, in order to protect these types of medical use inventions, the strategy of changing the above to Swiss-type claims is used in practice. (A Swiss-type claim is a formerly used claim format intended to cover the second or subsequent medical use of a known substance.) However, the question remains as to whether drug administration features can be used as technical features when defining a Swiss-type claim. This article outlines the examination criteria and practice and also provides our opinions on what should be noted when drafting a Swiss-type claim.

For details, please check the following PDF.

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