Company loses patent for bottle design

The State Intellectual Property Office of China has nullified a patent for an eye drop bottle design from a Shanghai-listed company, according to a notice from the company on Wednesday.

The patent belonged to the Zhejiang Shapuaisi Pharmaceutical Co, which encountered trouble when doctors questioned the effectiveness of the company’s Shapuaisi eye drops.

According to the annulment notice, the company filed for the patent for an eye drop bottle design on Nov 4, 2014 and it was approved on March 18, 2015. The patent runs for 10 years from 2014.

In May, the patent annulment request was made by Li Chuncheng, who said the patent lacked innovation and creativity.

A patent review committee filed a review case against the product and nullified the patent on Dec 27.

According to the company, it began using the eye drop bottle design for a product in 2017. From January to September, 854,200 bottles were sold with revenue of 27.1 million yuan ($4.2 million), about 3.9 percent of the company’s operating revenue.

The company said the annulment won’t affect the company’s production or sales. The company is in discussions with its law firm and is preparing an administrative lawsuit.

In December, the company was required by the China Food and Drug Administration to conduct clinical tests on eye drops.

The administration requested the company start the tests as soon as possible and submit the results within three years.