"Gastrointestinal stromal tumors therapy" invention patent case, which was selected into the list of "2015 Annual Top Ten invalid Cases" by SIPO Patent Reexamination Board (Hereafter referred to as PRB), was heard in Beijing Intellectual Property Court recently.

It is known that, Novartis was one of the patentees of "gastrointestinal stromal tumors therapy" invention patent. This patent application requirements belong to exception to the principle provisions of "the treatment of diseases is not patentable" by Chinese Patent Law.

In response to these patents owned by Novartis, the third party Jiangsu Stockhausen Pharmaceutical Group Co., Ltd. made a request for invalidation. On October 23, 2015, PRB declared the patent was invalid.

Novartis then sued to the Beijing Intellectual Property Court. The case is under hearing. 

(by Zhu Wenming)

(Source: China IP News)