Lin, Xiuqin; Zhang, Xinfeng; Yao, Baoan --- "IP protection in the life sciences in China" [2017] ELECD 820; in Matthews, Duncan; Zech, Herbert (eds), "Research Handbook on Intellectual Property and the Life Sciences" (Edward Elgar Publishing, 2017) 356

Book Title: Research Handbook on Intellectual Property and the Life Sciences

Editor(s): Matthews, Duncan; Zech, Herbert

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479443

Section: Chapter 19

Section Title: IP protection in the life sciences in China

Author(s): Lin, Xiuqin; Zhang, Xinfeng; Yao, Baoan

Number of pages: 13

Abstract/Description:

With the rapid development of life sciences in China, China’s biotechnology patents have increased at an unprecedented pace since 2004. In 2013, the number of global patent applications in biotechnology was 79,843, down 3.18 percent over the previous year; while the number of global authorized patents in biotechnology was 44,894, up 5.72 percent. By contrast, the figure in China shows bigger growth in the same year. The patent applications in biotechnology filed with China’s State Intellectual Property Office (hereinafter ‘SIPO’) was 15,375, up 10.99 per cent over the previous year, and accounts for 19.26 percent of the global figure. Likewise, the biotechnology patents granted by the SIPO was 10,474, up 22.59 percent, and accounts for 23.33 percent of the global figure. As a result, the numbers of biotechnology patents applied for and granted in China both rank in the second place globally, which had been sixth and seventh in 2004.Clearly, China plays an increasingly important role in the life sciences. Although there are few judicial cases involving life sciences patents, the available cases highlight the special difficulties faced by the courts in evaluating the disclosure requirement,novelty and inventivenessof invention in life sciences.