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Grounds for invalidating a patent

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1) Opposition In China, while patent infringement suits are usually handled by the People's Intermediate Courts, the determination of the validity or otherwise of a patent is within the exclusive jurisdiction of the State Intellectual Property Office (SIPO).

The Patent Re-examination Board (PRB) is the institution within SIPO that is responsible for handling patent invalidation proceedings.

However, the patent office had decided that the claims were invalid based upon the same prior art.

Due to the procedural history between the two proceedings, the Federal Circuit decided that the patent office decision should take effect over the court decision.

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In some situations, both the federal court proceeding and the patent office proceeding would occur on a parallel course.

In practice, when being sued for patent infringement, it is almost a standard strategic response by an alleged infringer to file an invalidation request with the PRB and to request for a stay of proceedings by the court.

Three types of patent are provided for under the Chinese Patent Law: a.

of Paris rendered its decision in the case relating to raloxifene, a molecule useful for treating or preventing osteoporosis in post-menopausal women, opposing Teva to Eli Lilly.

This decision raises many questions, first concerning drug patents in particular (patentability of second medical use, patentability of the resolution of a bioavailability problem or of a dosage?