Since patent linkage came into effect on June 1, 2021 (See, Luo JH et al, Why brand-name pharmaceuticals should look to China's patent linkage system), more than 100 patent linkage cases have been filed and dozens of decisions have been issued by the Chinese National Intellectual Property Administration (CNIPA) and courts. Recently, CNIPA and National Healthcare Security Administration (NHSA) jointly issued the Opinions on Strengthening the Protection of Intellectual Property Rights in the Field of Medical Centralised Procurement (the Opinions) on 30 December 2022. In this article, we provide a summary of the new developments in patent linkage practices in China and explore what the first decisions tell us about the direction of travel.

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This article was first published on IAM in September 2023; for further in-depth analysis, please visit the IAM The Guide to Life Sciences: Key issues for senior life sciences executives 2023.