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Comment on one of the Ten Typical Patent Invalidation Cases of 2014 published by the Patent Reexamination Board, to which Lecome attorney was the agent.
Published 2015-07-02
Case: Invalidation of Invention Patent of “Treatment with Anti-ErbB2 Antibody” Patentee: Genentech Inc.
Applicant for invalidation: Chinese individual Case summary:
The patent involved in this case was the pharmaceutical preparation and its preparation method concerning anti-ErbB2 antibody (Herceptin®), the patent number being ZL200610008639.X. In February 2014, a Chinese natural person filed an application for invalidation of this patent with the Patent Reexamination Board. After hearing and examination, the Patent Reexamination Board
issued No. 23948 Decision announcing that the claims of the patent involved lack creativeness
so the entire patent is invalid.
Herceptin, which was claimed to be protected by the patent involved in this case, was the first molecular targeted anticancerogen. Its cure rate of breast cancer is as high as 95%, and its global annual sales is over 7 billion dollars. Its patentee was the tycoon in the international biological and pharmaceutical industry, who had filed nearly 40 patent applications in China concerning this anticancerogen, and the patent involved in this case was one of its core patents. This case clarifies the ways and methods in the examination of the creativeness of claims of the preparation and its preparing application restricted by administration features in the medical and biological field, and is a good example in the reasonable handling and consistent application of examination criteria for similar claims.