First In China - Patent Linkage Notification For Generic Drug Application

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Toby Mak

Contributor

Dr. Toby Mak is somewhat unique as a registered Chinese patent attorney, as he was trained under the UK patent system, and has passed some of the UK patent attorney’s examination papers. He actively publishes articles on Chinese IP, and speaks on Chinese IP for various organizations around the world.
Beijing Taide Pharmacy Limited Company (北京泰德制药有限公司) is challenging Pfizer. The drug at issue is Palbociclib capsule 125mg, for treating HR-positive and HER2-negative breast cancer (for personal reason, this is of big concern to myself).
China Intellectual Property
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Beijing Taide Pharmacy Limited Company (北京泰德制药有限公司) is challenging Pfizer. The drug at issue is Palbociclib capsule 125mg, for treating HR-positive and HER2-negative breast cancer (for personal reason, this is of big concern to myself). The declaration was accepted on 9 July 2021, 4 days after the CNIPA and the Supreme Court patent linkage measures are announced (see my articles). Also see the screen cap.

This is not only the first patent linkage declaration in China, but it is also a type 3 declaration, which means that the generic drug applicant says that they would only put their drug onto the market after the patents have expired, which would be 9 January 2023.

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