Importance of patents in Chinese pharmaceutical tendering

A&O Shearman
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China has a complicated and unique tendering system for drugs – and patents play an important role in almost every tender. What adds to the complexity is that tendering rules vary between provinces. Providing necessary patent advice has become increasingly crucial to differentiating between competitors and winning tenders in China.

The main pharmaceutical market for multinational companies (MNCs) in China is the government tendering market, where government-owned hospitals procure drugs through the provincial tendering process. Each province calls for manufacturers to participate in its tendering process. These tenders are carried out for a one-to-two-year tender cycle. A company must win tenders to sell its various drugs to public hospitals within a province.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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