阿哌沙班专利无效案分析与思考

Analysis and reflection on patent invalidation case of apixaban

作为新型抗凝血药的代表,阿哌沙班化合物核心专利自授权以来就不断经历无效挑战。本文通过对阿哌沙班专利无效的复审、行政一审、二审和再审阶段的剖析,聚焦了导致一审、二审、再审决定反转的争议焦点。基于专利审查实践,对目前请求原则、听证原则在药物化学专利审查中的把握提出思考。

As a representative of new anticoagulants,the core patent of apixaban compound has continuously experienced the challenge of invalidation since it was authorized.Through analysis of the patent invalidation reexamination,the administrative first instance,second instance and retrial stage of apixaban,the dispute that led to the reversal of the first,second and retrial decisions was focused in this paper.Based on the practice of patent review,this paper put forward some thoughts on how to grasp requesting principle and hearing principle in pharmaceutical chemistry patent examination.