China’s SPC finds hydrates fall within the protection scope of compound patents

China's Supreme People's Court (SPC) has ruled that hydrates of patented chemical compounds fall within the scope of compound patents. This ruling came in the case of Yangtze River v HIPI, which involved a dispute over monopolistic practices. The SPC concluded that the hydrate of desloratadine citrate disodium falls within the protection scope of a compound invention patent, despite being a different compound in its hydrated form. The court also highlighted the parameters to consider when determining the protection scope of hydrates in a compound patent.

Posta un commento