Though a patent's protection scope should be based on the content of the claims and written description, determining the protection scope of a biosequence patent has always been a controversial issue in practice.
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References
Li, W. Nat. Biotechnol. 10, 1001–1003 (2014).
China Patent Law, Article 26.4.
Administrative Retrial Judgment No. 86 by China's Supreme People's Court (2016).
China Patent No. 98813338.5, Thermostable glucoamylase (2006).
China's Guidelines for Patent Examination, Part Two, Chapter 10, 9.3.1.1 (2010).
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Li, W. Analyzing the protection scope limit for biosequence patent claims in China. Nat Biotechnol 36, 811–813 (2018). https://doi.org/10.1038/nbt.4234
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DOI: https://doi.org/10.1038/nbt.4234