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仿制药如何突破专利困境,为公众健康谋福利。

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2020-05-09 14:45
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(Summary description)2018年7月在中国上映了一部电影《我不是药神》,讲述了一个穷困潦倒的男性保健品商贩成为印度仿制药“格列宁”独家代理商的感人故事。这部电影在第32届中国电影金鸡奖和第55届台湾电影金马奖中获得多个奖项,仿制药和原研药的巨大价格差异引起了两岸公众的广泛关注。 原研药也被称为专利药,是指原创研究的新药,一般由大型的跨国制药公司研发。药物从千万种化合物层层筛选后并通过严格的临床试验,到批准审核注册后上市

仿制药如何突破专利困境,为公众健康谋福利。

(Summary description)2018年7月在中国上映了一部电影《我不是药神》,讲述了一个穷困潦倒的男性保健品商贩成为印度仿制药“格列宁”独家代理商的感人故事。这部电影在第32届中国电影金鸡奖和第55届台湾电影金马奖中获得多个奖项,仿制药和原研药的巨大价格差异引起了两岸公众的广泛关注。 原研药也被称为专利药,是指原创研究的新药,一般由大型的跨国制药公司研发。药物从千万种化合物层层筛选后并通过严格的临床试验,到批准审核注册后上市

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2020-05-09 14:45
  • Views:
Information

2018年7月在中国上映了一部电影《我不是药神》,讲述了一个穷困潦倒的男性保健品商贩成为印度仿制药“格列宁”独家代理商的感人故事。这部电影在第32届中国电影金鸡奖和第55届台湾电影金马奖中获得多个奖项,仿制药和原研药的巨大价格差异引起了两岸公众的广泛关注。

 

原研药也被称为专利药,是指原创研究的新药,一般由大型的跨国制药公司研发。药物从千万种化合物层层筛选后并通过严格的临床试验,到批准审核注册后上市大约要经历10多年的时间研究费用更是高达数亿美元,原研药在专利不能被仿制当原研药过了专利保护期之后可以被其他企业仿制,复制原研药的主要分子结构,这类药品就仿制药。因为仿制药具有投资周期短,成本低的特点其在各国尤其是发展中国家的医药市场占有优势地位,中国仿制药占有率为90以上

原研药和仿制药通常具有相同活性成分给药途径治疗目的等等,但是两者存在巨大价格差,价格差体现专利的价值。这并不能理解为专利导致价格上升,而是原研药的研发生产不仅要耗费巨额科研经费,同时还常常要面临失败的风险,专利能够保障权利人享有一定的法定排他权,使其收回巨额的研发成本进而继续研发新的药品。仿制药是在原研药成功的基础上进行研发,其成本主要体现为原材料和销售渠道远远低于原研药成本,因此仿制药的价格常常只有原研药的20%-40%,甚至10%。

为什么印度能够仿制格列卫?1970年印度《专利法》允许印度企业可以随意仿制原研药,1995年印度申请加WTO之后,设立了10年过渡期,印度政府仍然可以拒绝授予药物产品的专利权,而格列卫最早的化合物专利于1994年申请,在印度没有获得专利授权,因此印度能够仿制格列卫。格列卫在中国有专利授权,该专利到期之前不能合法生产相关仿制药,即使从印度进口仿制的格列卫也会侵犯格列卫在中国的专利权。

 

仿制药能否顺利生产、销售,不仅取决于其是否获得了药品上市许可,还取决于其它限制因素,其中最重要的就是“专利困境”。 即使相关专利到期,并不意味着可以随心所欲地生产仿制药。需要考虑两个主要因素,一是,虽然核心专利到期,但是与药品有关的其他专利仍然在保护期内,仿制行为可能存在侵犯这些专利的风险,因此,在仿制药立项阶段,仿制药公司就应当检索某药品原始专利的布局,从基本化合物专利到制剂专利的申请时间跨度可达十几年乃至二十几年,保护期自然更长。2013年4月,格列卫化合物在中国的专利权保护到期,豪森、江苏正大天晴、石药等分别获得国家食品药品监督管理总局的批准生产伊马替尼片和胶囊的仿制药。诺华公司认为虽然格列卫的化合物专利权已到期,但是治疗胃肠基质肿瘤用途的专利仍有效,于是将正大天晴和豪森药业等告上了法庭。建议企业在跟踪化合物专利的同时,还要检索并分析相关的晶型、治疗用途工艺、配方、辅料等全部专利,这还有助于提高仿制药的生物等效性二是,相关专利在中国到期失效可能在其他国家仍然处于保护期内,在中国生产的合法仿制药销售到这些国家仍然有可能构成侵权。原创药在全球进行专利布局时,往往会在利益相关的许多国家和地区提出专利申请,获得专利保护。有些国家对原研药的专利保护期可以延长,例如,美国在1984年颁布《药品价格竞争与专利期补偿法案》,由于药品、医疗设备以及农用化学品等监管产品获得上市批准所花费的时间大大缩短了相关专利的保护期,该法案用于补偿专利所有人在开发产品及获得美国食品和药物管理局(FDA)批准时所失去的最高达5年的专利保护期,用来估算获得专利保护期延长的强制审查期应该出现在专利授权后。但是原研药获得FDA批准后,加上延长期的有效专利保护期一般不超过14年。

中国药品市场规模将近2万亿元人民币,药品的价格、质量与民众福祉紧密相连。《我不是药神》上映后的次年8月26日,中国新修订《药品管理法》,该法规定对未经批准进口少量境外已合法上市的药品,情节较轻的,可以减轻处罚;没有造成人身伤害后果或者延误治疗的,可以免于处罚。作为仿制药大国,我国的医务药学化学工作者应当共同的努力来缩短我国仿制药和原研药的差距,为人民的健康造福。在专利方面,仿制药公司应当对原研药的核心专利和外围专利进行检索、分析,在规避设计的同时,应对新晶型、制备方法、制剂等外围技术进行专利布局。最后,还要实时关注原研药公司及生产同类仿制药的公司所公开的专利申请和专利授权情况,对于无法规避的专利侵权风险,应该提前做好无效申请的准备或者进行协商获得专利授权。

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Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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