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Aaron R. Wininger Image

Aaron R. Wininger

is a Senior Attorney and Schwegman’s Director of China Intellectual Property Practice. Aaron counsels both U.S. and Chinese companies on patent and trademark portfolio development, non-infringement and invalidity opinions, and cross-border enforcement of intellectual property rights. He has worked with clients in the areas of software, networks, lasers, medical devices, semiconductors and physics. His knowledge of both the Chinese and American markets allows him to advise his clients as they expand and enforce their intellectual property portfolios. He frequently publishes articles on his blog, China IP Law Update.

Recent Articles by Aaron R. Wininger

China’s New Patent Linkage System: A Guide for Foreign Chinese Patent Holders

In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the Patent Law of the People’s Republic of China (2020)). The Chinese patent linkage system prevents marketing approval of generic drugs until after the expiration of patents covering the drugs or uses. Specifically, the Center for Drug Evaluation (CDE) of the National Medical Products Administration (NMPA) has set up a registration system to register patents covering: chemical drugs and uses; traditional Chinese medicines (TCM) and uses; and biologics: Active Pharmaceutical Ingredients (API) sequence structure and medical use. The registration system started public testing in May and is now live.