China National Intellectual Property Administration: A CD-complex patent case report

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China National Intellectual Property Administration (CNIPA) announced the top 10 patent reexamination & invalidation cases in 2020 at its Open Day event.

Amongst the top 10 cases of 2020, a CD-related patent was elected:

Request for invalidating invention patent “butylbenzene phthalein cyclodextrin or cyclodextrin derivative clathrate, its preparation method and application”. Decision: maintain patent right. This case can be used as reference to evaluate the creativity of the improvement inventions of known compounds. The decision emphasizes mining of the technical information reflected in the experimental data and the technical contribution of appropriate identification of the experimental data in the position of the technician staff in this field.

The case: CN1394880 (Applicant: PHARMACEUTICAL TECHNOLOGY DEV)

This decision may reflect the general opinion that the cyclodextrin-based complex of a known compound is non-obvious. Such new compositions are consequently inventive and may be recognized as a patentable material.

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