Chinese Biopharma Giants Clash Over Patent Validity in 3.2 Billion RMB Market
On June 16, 2025, Harbour BioMed announced a significant victory in a patent dispute regarding its core “binding molecule” technology. The National Intellectual Property Administration ruled on June 5 that Harbour BioMed’s patent CN201210057668.0—covering the use of transgenic animals to produce fully human heavy-chain-only antibodies (HCAb)—remains valid. The ruling rejected an invalidity request filed by Biocytogen.
The day took an unexpected turn as Biocytogen’s founder, Shen Yulei, voiced strong opposition via social media, criticizing Harbour BioMed’s actions and hinting at ulterior motives by asking, “Blocking our revenue?” Shortly after, Biocytogen issued a formal response, signaling its intent to continue legal measures.
This nine-month legal battle began on September 27, 2024, when Harbour BioMed sued Biocytogen over its RenNano platform, alleging patent infringement. Biocytogen pursued defensive strategies, such as jurisdictional challenges, but the Supreme People’s Court ultimately upheld the jurisdiction of the Shanghai Intellectual Property Court. Meanwhile, Biocytogen’s invalidity claims, citing lack of inventive step, insufficient disclosure, and excessive amendments, were rejected by the patent office, reinforcing the legal foundation of Harbour BioMed’s technology.
Harbour BioMed’s HCAb platform, capable of producing antibodies half the molecular weight of conventional ones, has been widely adopted through collaborations with Eli Lilly, Moderna, and Pfizer, among others. The platform’s global recognition has solidified its position as a cornerstone of Harbour’s business, with 405 patent applications filed in 2024 alone.
Biocytogen, which achieved 3.2 billion RMB in antibody development revenue in 2024, has publicly questioned why Harbour's lawsuits have targeted only specific platforms instead of others with similar technologies, implying selective enforcement. On the other hand, Harbour views these actions as essential to protecting its core assets in an increasingly competitive biopharmaceutical market.
This ongoing legal battle reflects the broader challenges facing China’s rapidly growing biopharma sector: balancing intellectual property protection with market competition.
2026-10-23
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