Profile

Mr. Miao (Daniel) Cheng is President and Founding Partner of Cheng & Peng.

Miao is a senior Chinese patent attorney with 20 years of experience practicing intellectual property law. He is particularly experienced in cross-border IP protection. His practice encompasses the full range of patent and trademark matters including prosecution, opposition, litigation, licensing, due diligence, FTO, and counseling.

Miao has extensive experience in patent and trademark contentious matters. He has served as first chair litigator for famous multinational corporations including Pfizer, Roche, Eli Lilly, AstraZeneca, Novo Nordisk, Bayer, Merck, Wyeth, DuPont, L'Oréal, and Ajinomoto in patent litigation in China. Having handled hundreds of intellectual property litigation cases, he has participated in multiple high-profile IP disputes that were selected as Most Influential 10 IP Cases of the Year by the Chinese courts at various levels and the Patent Reexamination Board. He was awarded the title of "Top 10 Intellectual Property Litigators in China" in 2014. He was frequently named as the best patent litigator in Mainland China by major rankings.

Mr. Cheng represents investors and corporate clients from China, Wall Street, the Bay Area, and Boston in cross-border transactions, conducting intellectual property due diligence to mitigate risks in M&A and financing deals. The technologies involved range from antibody, ADC, vaccine, CAR-T, gene therapy, viral vector, CRISPR, stem cells, fusion protein, microbial fermentation, synthetic biology, small molecule pharmaceuticals, medical devices, 3D drug printing, and surgical robots. He has prepared legal opinions and responded to regulatory inquiries for companies listed on NASDAQ, Hong Kong Stock Exchange, and Shanghai Stock Exchange. His practice is particularly recognized for depth of experience in biotech and healthcare industries.

Mr. Cheng has developed substantial expertise in patent drafting and global portfolio management as lead counsel, representing startups, universities, research institutions, and listed multinational corporations. He has contributed in global patent protection for landmark scientific innovations with international impact, including CRISPR, PD-1 antibodies, and anti-tumor chemotherapeutic agents. He was frequently recognized as the best patent prosecutor in Mainland China by major rankings.

Miao was engaged as a member of the Advisory Committee of Intellectual Property Cases Research (Beijing) Foundation of Supreme People’s Court of China since 2016. He was appointed as a project evaluation expert by the Ministry of Science and Technology of China since 2019.

In 2017, Miao was invited as an outstanding alumnus of Tsinghua University to deliver the keynote address at the graduation ceremony of the School of Life Sciences.

Representative Matters

Representing a listed Chinese biotech company in patent infringement and validity disputes concerning protein mutants.
Representing a Texas-based hi-tech company in patent validity disputes involving semiconductor technologies.
Representing a Belgian biotech company in patent infringement and validity disputes related to weight-loss probiotics.
Representing a Jiangsu-based Chinese pharmaceutical startup in patent validity disputes concerning a gout treatment drug.
Representing a Chinese biotech startup in challenging a microbial fermentation-related patent in China and foreign jurisdictions.
Representing a Chinese biotech startup in patent challenges involving PEG-modified protein therapeutic.
Representing a leading U.S. pharmaceutical company in patent infringement and validity disputes regarding a small molecule tumor chemotherapeutic.
Representing a Japanese Fortune 500 food conglomerate in patent infringement and validity disputes concerning amino acid production.
Representing a Swiss major pharma company in patent validity disputes involving antibody formulations.
Representing a German agrochemical company in patent validity disputes over insecticides.
Representing a Japanese food industry leader in patent validity disputes concerning bio-oil technologies.
Representing a U.S. Fortune 500 food corporation in patent validity disputes related to infant formula.
Representing a Danish pharmaceutical innovator in patent validity disputes over insulin formulations.
Representing a French cosmetics leader in patent disputes regarding coloring compositions.
Representing a British pharmaceutical company in patent validity disputes concerning gelling agents.
Representing a major U.S. pharma company in patent validity disputes involving drug polymorphs.
Representing a Boston-based world-leading biomedical research institute in CRISPR/Cas9 patent filings in China, with parallel global litigation advisory services.
Handling China patent filings for a major U.S. government-funded medical research institution across vaccine, antibody, CAR-T therapy, gene therapy, peptidomimetics, contraceptives, and cancer diagnostics.
Managing China patent applications for genome-editing technologies on behalf of a famous California-based top-ranked university.
Advising a San Diego-based biotech on CAR-T technology patent filings in China.
Managing global patent portfolios and litigations for a listed Chinese biotech company spanning antibody, CAR-T therapies, proteases, gene synthesis, viral vectors, diagnostic kits, and bioreactors.
Representing a listed Chinese biotech company in vaccine and fusion protein sectors for global patent portfolio management, FTO, and licensing.
Providing full-spectrum IP services for a Chinese biotech startup covering global patent strategy, litigation, FTO analysis, licensing, and due diligence response for recombinant protein drugs, cancer diagnostics, combination therapies, and engineered microbes.
Managing global patent portfolios and licensing for a prestigious Chinese university in engineered oligopeptides, drug conjugates, and COVID-19 therapeutics.
Managing global patent portfolios for a prestigious Chinese university's nanopore sequencing technology.
Managing global patent portfolios, FTO analysis, licensing, third-party observations, and due diligence response for a Chinese pharmaceutical startup in small-molecule oncology drugs and polymorphs.
Conducting China-U.S. FTO analyses for a Shanghai-based VC firm evaluating Chinese startups in PD-1 antibodies, small-molecule chemotherapeutics, 3D drug printing, conjugate drugs, targeted drug delivery systems, surgical robots, and synthetic biology.
Performing IP due diligence for a Beijing VC firm on a California biotech startup's AAV vector project, including strategic challenges to identified risk patents.
Leading IP due diligence on behalf of a Wall Street investment firm assessing a California-based nucleic acid sequencing company.
Supporting a Shanghai pharmaceutical startup in responding to multi-stage due diligence by a European major pharma giant on small-molecule drugs, ultimately facilitating transaction closure.
Executing U.S. FTO analysis for a Zhejiang VC firm evaluating a Chinese biotech company's fusion protein drug candidates.
Conducting China-U.S. FTO and patent validity assessments for a Beijing VC firm reviewing multiple drug pipelines of a Shanghai-based pharmaceutical startup, with subsequent risk patents challenges.
Providing China FTO analysis for an ADC drug product on behalf of a U.S. top-tier law firm.
Performing China-U.S. FTO analysis on ablation catheter technologies for a Beijing-based medical device startup.
Managing FTO analysis, designing around strategies, competitor patent monitoring, and clear-the-way actions concerning radiopharmaceutical technologies for a Beijing pharma startup.
Delivering U.S. FTO and patent validity analysis for a Guangdong pharmaceutical company's small-molecule drugs.
Conducting multi-jurisdictional FTO analysis (China/U.S./EP/Japan) on stem cell technologies for a Jiangsu biotech.
Performing China-U.S. FTO analysis on circular RNA technologies for a Jiangsu biotech company.
Executing China-U.S. FTO analysis on auto-injector pen technologies for a listed pharmaceutical manufacturer in Guangdong.
Conducting China-U.S. FTO analysis on peptide therapeutics for a Beijing biotech.
Providing testimony on patent infringement risk to Hong Kong Stock Exchange for a Chinese biotech company's IPO process.
Serving as lead IP counsel for a top Chinese university, overseeing patent licensing agreements, developing transaction structures, and leading negotiation strategies for technology transfers and research collaborations.
Representing a Chinese pharmaceutical startup in patent licensing negotiations with the NIH of the United States.
Advising a Chinese biotech startup in exclusive licensing negotiations with Stanford University.
Guiding a Chinese biotech company through patent licensing negotiations with the University of Colorado.
Representing a Chinese pharmaceutical startup in outbound patent licensing negotiations with a European major pharma.
Managing licensing negotiations between a Chinese biotech startup and a U.S. pharmaceutical leader.
Representing European pharmaceutical companies in patent licensing negotiations and due diligence with Chinese partner.
Advising U.S. big pharma in patent licensing negotiations and due diligence with Chinese licensee.
Managing full-cycle trademark services (registration, opposition, cancellation, invalidation, maintenance, licensing, and enforcement) in China and Asia-Pacific for a Greek pharmaceutical group.
Handling China trademark portfolio strategy for a Texas-based chemical company including registration, opposition, cancellation, and enforcement.
Managing global trademark operations (registration, opposition, cancellation, licensing, and maintenance) for a listed Chinese pharmaceutical company.
Advising a Chinese semiconductor firm on China and global trademark strategy.
Representing a German fashion leader in Chinese trademark administrative litigation.
Acting for a famous French cosmetic company in Chinese trademark administrative litigation.

Publications and Presentations

“Avoiding Pitfalls in Patent Prosecution in China”, Milano, Italy, 2025
“New Changes in Design Legislation in China and Recent Judicial Practice”, Quality Brands Protection Committee (QBPC), 2024
“Challenges in Managing Global Patent Portfolios”, 20th China Intellectual Property and Innovation Summit, Shanghai, China, 2024
“International Collaboration and Cooperation: Successfully Expanding Your Life Sciences IP Due Diligence Strategy for Global Deals”, 5th Annual Summit on Life Sciences IP Due Diligence, 2022
“International Think Tank: Masterfully Coordinating Global Patent Portfolios”, 20th Advanced Summit on Life Sciences Patents, 2022
“Patent Prosecution Strategy in View of Post-Filing Evidence Options in the US and Foreign Jurisdictions”, CLE, 2020
“Strategy for Patenting Biomedical Inventions in China”, Annual Pharma Patent Symposium, Hyderabad and Mumbai, India, 2019
“Australia-China IP Strategy for Startups”, the University of Sydney, Australia, 2019
“IP Risks in IPO on SSE STAR Market”, Tianjin, China, 2019
“Antibody Patenting: U.S. and Asian Perspectives”, Strafford webinar, 2019
“Strategy for Patenting Biomedical Inventions in China”, LES Germany Life Sciences Autumn Meeting, Cologne, Germany, 2019
“The History of Chinese Patent System and New Changes’”, Beijing, China, 2019
“US-China IP Strategy”, Stanford University, Palo Alto, USA, 2019
“Common Problems in Due Diligence of Biomedical Patents’”, Tsinghua University, Beijing, China, 2018
“IP Advice to ‘Returning Turtles’”, Massachusetts Institute of Technology, Cambridge, USA, 2018
“Legal Issues in Commercialization of Stem Cells’”, International Neural Regeneration Symposium, Guangzhou, China, 2018
“Chinese Patent Litigation”, San Diego, United States, 2017
“International Patenting Strategy for Biomedical Inventions”, Beijing, China, 2017
“Patent Licensing Practice”, Tsinghua University, Beijing, China, 2014
“Patent Infringement Litigation”, Ricoh Software Research Center, Beijing, China, 2014
“Drafting Strategies: Get It Right First Time”, Managing Intellectual Property, China IP Focus 2012, 10th edition
“Theory and Practice Related to Patent Infringement Damages”, China Patents and Trademarks, No. 4, 2009
“What Can Be Learned from the Case of Viagra Patent Invalidation”, China Patents and Trademarks, No. 2, 2008
“How to Better Utilize Patent System for Chinese Biotech and Pharmaceutical Companies”, Proceedings for the Twentieth Anniversary of All China Patent Attorneys Association, 2008
“Improvement of Patent Compulsory License System”, 2007, legislative research project of the SIPO

Education

Tsinghua University, B.S. in Biology, 1999
Tsinghua University, M.S. in Biophysics, 2002

Qualifications

Chinese Patent Agent Qualification, 2004,
Chinese Legal Profession Qualification, 2007
Admitted as qualified litigator in patent cases before the Supreme Court, 2014

Practices

Patent Prosecution, Patent Litigation, IP Due Diligence, Licensing and Transaction, Trademark Prosecution, Trademark Litigation

Industries

Biotech, genetics, diagnostics, gene editing, stem cell, vaccine, antibody, ADC, CAR-T, gene therapy, viral vector, fusion protein, microbial fermentation, small molecule pharmaceuticals, medical device, AI assisted drug discovery

Recognition

“Best 10 IP Litigators in China”, 2014

Languages

Chinese (native), and English

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