Written by Haoyu Zhou (Elliot)

 

Foundin attorneys have been working on an invalidation case against one of the key patent in the CAR-T therapy field since 2022. On May 7 of 2024, the CNIPA has finally issued an invalidation decision, declaring that four technical solutions in claim 1 of the patent are held invalid. Although the Decision could be further appealed to the Beijing IP court by both parties, at least the invalidation board of the CNIPA preliminarily supported our position that most of the sequences of claim 1 were either lack of inventive step or not supported by the specification as filed.

 

This Decision is highly significant to the companies in CAR-T therapy field because it not only allows companies in CAR-T therapeutic industry to freely prepare and sell relevant products in the China market, but also serves as a good reference to other patent offices, especially ongoing opposition proceedings in Europe.

 

The CAR-T therapy has been a cutting-edge technology in the pharmaceutical industry for years, where patents involved are often complex and commercially valuable. Any Decisions or Judgements in this field usually attract a lot of attention and discussion in the industry. The life science and chemistry patent team of Foundin has conducted a detailed technical analysis and formulated a compelling argumentation for attacking the Chinese patent in question.

 

Particularly, the managing attorney of the team, Liu Shuzhi, and the senior attorney, Zhang Dahao, demonstrated exceptional professionalism in preparing the legal opinions during the preparation of written arguments and oral proceeding of this case, ultimately leading to a successful invalidation of this critical patent and breaking through of the technical barriers in this area.

 

Looking forward, Foundin is committed to continuing its efforts in advancing technological innovation and intellectual property protection, in a hope to foster an environment that supports technical progress and development.