DAI Jinliang vs China National Intellectual Property Administration (CNIPA): SPC IP Admin. Final 16

Case Description

In this case, the SPC pointed out that in terms of inventiveness assessment, if a person skilled in the art cannot obtain the biological material claimed in the patent by repeating the preparation method in the reference document, then the claimed biological material shall be identified as being not disclosed by such reference document.

Decision Year
Pre-grant flexibilities