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Patent infringement dispute case of Bayer Healthcare

ensipa.cn| Updated: November 1, 2020 L M S

Bayer Healthcare Co Ltd submitted an application for the invention patent of "ω-Carboxyaryl substituted diphenyl ureas as raf kinase inhibitors" to the National Intellectual Property Administration on Jan 12, 2000 and received authorization on Sept 21, 2005 with patent number  ZL00802685.8.

The company submitted a patent infringement dispute settlement request to the Shanghai Intellectual Property Administration, or SIPA, in January 2019 while the patent right was valid.

The petitioner alleged that the patent right was infringed by the behavior of a pharmaceutical company in Shanghai, which published information of a Sorafenib anti-cancer bulk drug on its official website without permission and promoted the bulk drug at an international pharmaceutical exhibition.

SIPA examined the case and found that the respondent's promise to sell Sorafenib bulk drug constituted patent infringement.

This case is the first pharmaceutical invention patent infringement case that SIPA has dealt with.

The petitioner in this case is a leading transnational company. The conclusion of this case, after deliberations lasting four months, reflects the fact that SIPA gives equal protection to domestic and foreign companies in terms of intellectual property rights.