Worldwide: Patent

On May 15, 2026, a substantial revision of China’s Implementing Regulations of the Drug Administration Law (the Regulations or Implementing Regulations) took effect, introducing, among other items, a formal data protection framework. On the same day, China’s National Medical Products Administration (NMPA) issued the Implementing Measures for Drug Trial Data Protection (the Measures), giving operational effect to the Regulations’ data-protection article for the first time since China accepted the underlying obligation upon World Trade Organization (WTO) accession.

A patent reexamination can reshape the course of an intellectual property dispute, making a thoughtful strategy essential for protecting valuable innovations. Marshall Gerstein attorneys Daniel Henry and Gabrielle Sue outline practical steps in-house counsel can take to navigate patent reexamination proceedings while minimizing risk and preserving long-term business objectives.

A recent UPC order has established that actions can be brought before the Unified Patent Court concerning pending European patent applications approaching grant, potentially rendering later opt-out requests ineffective. This development raises critical questions about the timing of opt-out strategies and the mechanisms available to patent applicants seeking to avoid UPC jurisdiction.