Research On Legal Issues Of Patent Infringement Litigation Of Generic Drugs

In 2017,the Supreme People's Court issued Guiding Case No.84-Eli Lilly Co.v.Watson Co.Infringement Case about Olanzapine Patent.This is the first guiding case in the field of patent infringement of generic drugs in China.This case established the field of drug patent infringement.The rules of adjudication regulate the application of laws in the field of patent infringement of generic drugs,and have high research value.This article starts with Eli Lilly Co.v.Watson Co.Infringement Case and focuses on generic patent infringement litigation.The first chapter analyzes the focus of the dispute by ascertaining the facts of the case.The second chapter clarifies the legal relationship of the case and clarifies the trial thinking of the case.The third chapter discusses the legal application of such patent infringement cases of generic drugs Questions.The fourth chapter combined with the refereeing process of this case,synthesizes the refereeing results of this case,analyzes the system defects of relevant laws and regulations and the practical difficulties of such cases.This article also selects some typical cases of patent infringement of generic drugs at home and abroad as a comparison,systematically analyzes the internal logic of different domestic and foreign drug patent laws and regulations,further clarifies the application of the principle of equivalence in patent infringement litigation in China,and expands patents.Guide the scope of application of cases,explore the feasibility of establishing a drug patent link system in China,and provide suggestions for improving China's current patent regulations in terms of strengthening substantive patent examination and preventing drug patent jungles.