IP Law Daily, EXPERT INSIGHTS—Companies advised to monitor enforcement trends to protect medical-use patents in China, (Mar 11, 2026)
Organizations Mentioned:King & Wood Mallesons | Patent Law
By WK Editorial staff
Article by King & Wood Mallesons attorneys provides practical insights into unique legal challenges related to enforcement of medical-use patents, stemming from statutory exclusions and limited judicial practices.
As China grows in importance in the pharmaceuticals patent realm, stakeholders must take care to understand the limitations there regarding patents covering the medical use of known substances. For example, China’s Patent Law excludes methods for diagnosing or treating diseases from patent eligibility. China does, however, officially recognize “Swiss-type claims”—that is, claims typically drafted in the form of, “The use of compound X in the preparation of a drug for treating disease Y”—as allowable for medical-use patents.
An Expert Insights article provides an in-depth analysis of the Chinese legal framework governing medical-use patents. The article is authored by two international partners at the Beijing office of King & Wood Mallesons, Gordon Gao and Sherry Yao. The authors, taking a close look at key court cases, discuss important considerations for pharmaceutical companies seeking to protect and enforce their medical-use patent rights in China.
The article, titled “Enforcing Medical-Use Patents in China – Legal Challenges and Practical Insights,” is available here.
Attorneys: Gordon Gao and Sherry Yao (King & Wood Mallesons).
News: Patent IndustryNewsTrends