Patent Litigation in China: Navigating the Chinese System and IP Courts

Description

There has been a significant increase in patent applications filed in China over the last few years. The China National Intellectual Property Administration (CNIPA) in 2018 received approximately 1.5 million invention patent applications. As the applications have grown, so has the patent litigation in China.

At the beginning of 2019, Supreme People’s Court of China opened its specialized Intellectual Property Tribunal. This tribunal handles all appeals related to patents except design patents. With the changes in the Chinese court system since 2014, now most patent infringement cases are heard by specialized intellectual property courts or tribunals throughout the country.

There are many differences between how patent infringement litigation is conducted in China and the U.S. For example, there is no discovery procedure in China. Also, Chinese courts handle claim construction at trial, and Chinese civil courts cannot invalidate a patent. Further, as the Chinese patent damages system develops, it is becoming more pro-plaintiff and more appealing as a forum for U.S. patent owners.

Listen as our authoritative panel of IP attorneys offers their insights and perspectives on patent litigation in China. The panel will review patent litigation in China, discussing how to navigate the differences between the Chinese and U.S. litigation systems. The panel will also offer best practices for minimizing the likelihood of litigation and if litigation is threatened.