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| The intellectual property awareness is to be strengthened |
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| Author：中國銘鉉 企劃部 Release Time：2017-9-13 11:03:57 Number Browse：931 |
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Medical network on September 13 - on September 12, hengrui pharmaceutical is its blockbuster drug path for the alleged infringement issues clarification announcement, said the company put forward to the state intellectual property office of the patent reexamination board to declare the creatures of the request for invalidation of relevant patents, review committee has the patent right for determining xuan and biological ZL201510398190.1 all invalid.
In A few months ago, the incident xuan and biological hengrui pharmaceutical to infringement "mesilate nicotinamide derivatives were A crystal model and its preparation method and application" (patent number: ZL201510398190.1) the patent right for invention, requesting Beijing intellectual property court hengrui medicine to stop the infringing act immediately and namely stop, for production, sales, the path, and compensate for the economic loss of 1 million yuan.
As of September 11, the court had not yet decided on the date of the lawsuit, nor had it been tried. "We have no basis on the claim," he said. "we don't know if sun chuang is going to withdraw the lawsuit against the company." It is also not known whether sun chuang will file a lawsuit against the Beijing intellectual property court with the decision on the invalid declaration request. In an interview with the 21st century business herald, sun chuang's biological director said further plans to look at future resolutions of the board of directors.
Lawyers partners what Beijing view towers to reporter pointed out that the 21st century economy, intellectual property litigation has become a worldwide one of the effective means of market competition, patent war has become a more direct stifle opponents of weapons. In the context of international integration, the awareness and level of patent protection of domestic drug companies need to be improved as soon as possible.
Hengrui medical patent dispute
Data shows, the path for is hengrui pharmaceutical self-developed country 1.1 class of small molecules targeting drugs, in October 2014 by CFDA approved and used in clinical treatment of advanced gastric cancer, and lung cancer, liver cancer, and other indications are expanding.
Apatinib is also one of the 36 categories listed on the national health care list. As hengrui first antitumor drug innovation path for listed, that year in only an indication of the gastric cancer cases took in more than 300 million yuan of sales, along with the continuously broaden new indications, path for, is considered the future is expected to become the big variety of more than 2 billion yuan.
Once the defeat, hengrui medicine will not be able to carry out the apatinib production normally. In its announcement, however, stressed that the path for "piece of sales revenue in 2016 has not reached 10% of the company's latest audited net assets absolute value, if the mission and biological v company for patent infringement case appeared adverse decision, also won't affect the company's daily operation and development.
On October 27, 2016, sun chuang biological notarization purchased the apatinib produced by hengrui pharmaceutical, and commissioned the Shanghai pharmaceutical industry research institute to conduct the crystal-type analysis. On November 17 of that year, the Shanghai institute of pharmaceutical industry reached the conclusion that the apatinib, which was produced by hengrui medicine, was the same as that of apatinib. Then sun chuang initiated the lawsuit.
Henriy is also quick to respond. The company received legal documents on March 16, 2017, and was informed of the prosecution, the statement said. On March 28, the company filed a request for the invalidation of patent rights of ZL201510398190.1 of the state intellectual property office patent reexamination board (hereinafter referred to as the patent reexamination board). The patent reexamination board decided on August 31 that the patent for the creature was not valid.
It is understood that the time of the launch of the company's apatinib was much earlier than that of the patent application. As early as August 2011, hengrui pharmaceuticals began to apply for a listing of the drug to the national food and drug administration's drug review center. In December 2014, apatinib was granted a public listing as a major scientific and technological achievement in the development of major new drugs.
According to the industrial and commercial registration information, xuan and biological engaged in biological, chemical technology, mechanical equipment, product testing technology in the field of technology development, technology transfer, technical consulting, technology services, chemical raw materials (except hazardous chemicals, MCC, fireworks, civil explosives, precursor chemicals), analysis, testing instruments, machinery and equipment sales.
It is understood that sunchuang was founded on December 16, 2013, and shareholders are natural people. A head of the company told 21st century economic herald that it has applied for more than 40 invention patents and received nearly 10 licenses.
After xuan and biological agents, Beijing 3 get together the sunshine intellectual property agency co., LTD., a partner Li Gongtuan is introduced to the media, in the case of patent is xuan and creature on July 8, 2015 to submit application for a patent, the priority date for July 8, 2014, and on April 27, 2016, authorized. Li believes that the apatinib produced by henryl has fallen to the right to claim the patent for invention.
With hengrui pharmaceutical patent disputes, the officials said it is not easy, but it said the company is made up of professional medical team, also for production preparation, but is not convenient to revealed the progress of the concrete.
The head also to 21st century business herald reporters that they were bullish on hengrui pharmaceutical path for the prospects of that analysis of the patent application, research and development and scientific research personnel, and targeted to apply for a patent, obtain authorization, to the road of generic drugs. No more statements were made on the aforementioned person in charge of the infringement proceedings.
Weak patent awareness
Hengrui medicine in the medical field, known as "developing", now has a team of more than 2000 people, of which more than 1000 doctors, masters and more than 100 foreign employees, about 10% in annual sales as a research and development, has applied for more than 400 invention patents, including innovation medicine iresearch yesterday cloth and path for has been approved by the public.
"Intellectual property litigation has become one of the most effective means of market competition in the world, especially when it comes to patent battles," Yang said. However, there appears to be a "gap" in the patent for the company's appaltini patents.
Otherwise industry insiders speculated that it may be because of the pharmaceutical enterprises in the patent publicly, for reasons of protection of commercial secrets, can choose not to apply for a patent, the key technologies to avoid key information was made public. Most of these decisions are based on confidence in their core technologies, which are hard to replicate.
For this speculation, the 21st century economic reporter contacted the responsible person, but did not reply to the draft.
In fact, after the domestic drug companies give priority to with generics, mostly in the intellectual property rights consciousness is still weak, with the development of technology, talent introduction, research and development of Chinese drug firms are also gradually towards the road of innovation, but many companies ignore patents, some enterprises to the passive approach, remedial is not conducive to innovation. It is very important to have a complete patent layout in advance.
Mr Yang noted that the patent litigation was not about the cost of the claims but about the court's injunction to stop the infringement, so that the infringing party could not continue to engage in production and operation. There are many similar patent cases abroad, but many are mergers and acquisitions of small, patented technology companies, said a director of the sun chuang biology project in the 21st century.
Kin, head of the science and technology, a first to 21st century business herald reporters that at present a lot of international companies often use in their own research and development patent barriers to protect themselves, also can prevent their falling into the invention patent right protect scope of others. Once it falls into the other's patent protection, a big possibility is to seek a partnership with each other for better development, or a long patent battle.
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