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Manage your Intellectual Property in Mainland China, HongKong, Macao and Taiwan

Patents[FAQs]

What is a patent?

A patent is an exclusive legal right granted to the applicant for an invention or a new design. It gives the patent owner the right to prevent others from using the patented material for a limited length of time. It is the main legal tool for preventing your innovation from being copied.

A patent is a territorial right. In other words, if you don’t have a patent in the country where the infringement is taking place, you will have significantly limited options to enforce your rights.

What are the differences between invention patents, utility models and design patents in China?

An invention patent is granted for a new and inventive technical solution for a product, new method of producing or doing something, or an improvement to an existing product. Invention patents allow you to protect the new technology that you develop. Invention patents are legally protected only after being granted for 20 years from the application date.

A utility model patent is granted for new and practical technical solutions relating to the shape and/or structure of a product. These patents protect new, functional aspects of a product that do not meet the higher inventiveness level required for an invention patent.
Utility models are legally protected only after being granted for 10 years from the application date.

A design patent is granted for new designs relating to the shape, pattern or their combinations, or the combination of colour, shape and/or pattern that are aesthetically pleasing and industrially applicable. A design patent protects the “look” of the product that makes it recognisable.
Design patents are legally protected only after being granted for 10 years from the application date.

What does ‘previously published’ refer to?

‘Previously published’ refers to whether the item you wish to patent has been disclosed to the public through publications such as newspapers, magazine, journals, online publications etc. before the application date of the patent. If an identical invention creation has been published before the application date this will destroy novelty and the patent will not be granted.

What does ‘not have been used in China’ refer to?

The phrase "not have been used in China" means that the product or process has not been publically used in China. As a general rule, if a company sells their products in China before filing for registration this will destroy the novelty of the patent and the patent will not be granted. This is unless they have filed an international patent application under the Patent Cooperation Treaty designating China as a country.

How long does a patent last?

Invention patents are legally protected for 20 years from the application date.
Utility models are legally protected for 10 years from the application date
Design patents are legally protected for 10 years from the application date.

In China, there is no method of extending the length of patent protection.

What is the application process for applying for an invention patent directly in China?

Invention patents – Must undergo preliminary and substantive examination. Preliminary examination checks whether the application documents are correct . Substantive examination is an examination of the content of the patent application.

Filing the Patent Application
Patent applications are filed with the Examination Department of the State Intellectual Property Office (SIPO). The applications must be filed in written form or electronic form in Chinese characters. The actual patent application will generally contain a description, figures or drawings, claims and an abstract. 'Claims' are the part of the patent application where the inventor specifically states what their invention is and what it does. Claims define the legal scope of a patent and define what can be protected by patent law. You could say that claims define the invention or utility model.

Examination of the Patent Application
After the application is filed then examiners from SIPO conduct a preliminary examination of the patent application. Preliminary examination is a relatively simple procedure where the examiner checks whether the necessary application documents and other forms have been filed, whether there are obvious substantive defects in the application forms, and patents, design patents and utility models whether the relevant fees have been paid.

Substantive Examination & Grant of Invention
After successfully undergoing preliminary examination an invention patent will be published in the Invention Patent Gazette 18 months after the application date.
Within three years of the date of patent application the applicant may request substantive examination from SIPO.

If the invention patent is successfully examined then it will be granted patent rights and published in the Invention Patent Gazette.

How can I get a copy of the Patent Gazette?

New issues of the Invention Patent Gazette, Utility Model Patent Gazette, and the Design Patent Gazette are published once a week. This document is one publication that contains three sections (Invention Patent Gazette, Utility Model Patent Gazette, and the Design Patent Gazette). Hard copies of these can be purchased from the State Intellectual Property Office (SIPO).

What is the application process for applying for a design patent directly in China?

Design patents only have to undergo preliminary examination.

  • Filing the Patent Application
    Patent applications are filed with the Examination Department of the State Intellectual Property Office (SIPO). The applications must be filed in written form or electronic form in Chinese characters. The actual patent application will generally contain a description, figures/drawings, claims and an abstract. 'Claims' are the part of the patent application where the inventor specifically states what their invention is and what it does. Claims define the legal scope of a patent and define what can be protected by patent law. You could say that claims define the invention or utility model.
  • Examination of the Patent Application
    After the application is filed then examiners from SIPO conduct a preliminary examination of the patent application. Preliminary examination is a relatively simple procedure where the examiner checks whether the necessary application documents and other forms have been filed, whether there are obvious substantive defects in the application forms, and patents, design patents and utility models whether the relevant fees have been paid.
  • Grant of Design Patents
    If there are no substantive defects or other issues with the preliminary examination then a design patents will be granted patent rights. A design patent will be published in the Design Patent Gazette.

What is the application process for applying for a utility model directly in China?

Utility models only have to undergo preliminary examination.

  • Filing the Patent Application
    Patent applications are filed with the Examination Department of the State Intellectual Property Office (SIPO). The applications must be filed in written form or electronic form in Chinese characters. The actual patent application will generally contain a description, figures/drawings, claims and an abstract. 'Claims' are the part of the patent application where the inventor specifically states what their invention is and what it does. Claims define the legal scope of a patent and define what can be protected by patent law. You could say that claims define the invention or utility model.
  • Examination of the Patent Application
    After the application is filed then examiners from SIPO conduct a preliminary examination of the patent application. Preliminary examination is a relatively simple procedure where the examiner checks whether the necessary application documents and other forms have been filed, whether there are obvious substantive defects in the application forms, and patents, design patents and utility models whether the relevant fees have been paid.
  • Grant of Utility Models
    If there are no substantive defects or other issues with the preliminary examination then a utility model will be granted patent rights.
  • A utility model will be published in the Utility Model Patent Gazette.

What language must my patent application be in?

In Chinese. A very careful translation of the application is very important in for a successful application.

How can I apply for a Chinese patent?

There are three routes for obtaining patent protection in China:
1. Directly file a patent application in China
2. File based on your overseas patent application, such as a European patent application

3. File for an international patent application under the Patent Co-operation Treaty.

AHow do I apply for a patent based on my overseas patent application?

You may file a patent application first in any country that is a Member State of the Paris Convention or the World Trade Organisation (which includes all EU Member States and China), and then file a second patent application in another country (such as China) within one year (six months for design patents), and mention the date of your original application, or your priority date. The priority date buys you one year to file for a second patent application in China before a potential infringer tries to claim your invention for his/her own.
This method is often referred to as the convention route, and the process of filing for the second patent application is basically the same as filing a patent application directly in China.

How do I file for an international patent application under the Patent Co-operation Treaty?

Filing an international patent application under the Patent Co-operation Treaty (PCT) is a centralised processing system for obtaining regional or national patents in areas that belong are a party to the PCT, which includes all 27 EU Member States and China. Filing the application is considered a request for protection in all PCT Member States.
A PCT application can be filed at the intellectual property office of any Member State, e.g., the European Patent Office or any national patent office within the EU. One applicant must be a resident or national of a country which is a member of the PCT.

The second part of the PCT route application procedure is very similar to directly filing an application first in China.

What forms and documents are required for a design patent application?

When applying for an design patent the following forms must be filed:

  • A request, drawings or photographs of the design, and the product incorporating the design and patent class must be indicated. These A4 forms which can be found on the SIPO website (www.sipo.gov.cn) must be filed in duplicate for a design patent application: design patent application (Form 13101) and the design figures or photographs (Form 13102).
  • If the requested protection regards colour then duplicates of the figures or the colour photograph must also be filed.
  • If figures are filed with the patent application then no photographs can be filed and the figures must be in duplicate.
  • If photographs are filed with the patent application then no figures can be filed with the application and the photographs must be in duplicate.
  • If a description is required of the figures or photographs then a duplicate of the design concise description (Form 13103) must also be filed.

It is advised that a power of attorney (Form 10008) should also be signed with a patent attorney to manage the drafting and application process.

When applying for a design patent, what unique aspects must I consider in my application?

An application for an a design patent includes any of the following combinations of a product:

  • The shape of a product
  • The pattern of a product
  • The shape and pattern of a product
  • The shape and colour of a product
  • The shape, pattern and colour of a product

The colour of a product alone cannot constitute the design of a product unless the change of colour can be regarded as a pattern. Colour does not include the natural colour of the raw material of the product. It is recommended that a combination of the colour of the machine product, together with either the shape and/or pattern, should be applied for in order to prevent the patent being easily invalidated after it is granted patent rights.

The applicant should as far as possible show why the design is a 'new design'. The preliminary examiner will only consider whether the design is a 'new design' according to the application documents and the common sense of the average consumer. However, a correctly drafted design patent application highlighting why the design is a 'new design', how it can be used by industry, and that it can be manufactured in batches will prevent the patent being easily invalidated. If a particular feature has a practical application, rather than being used merely because it looks good, applying for an invention patent or utility model should be considered.

Once a design patent is obtained, what kind of protection will I benefit from?

Once you have obtained design patent protection no entity or individual can exploit your design patent. That means that they cannot make, sell or import a product that incorporates the patented design for production or business purposes.

How long does the patent application process take?

According to the official SIPO 2010 Annual Report, the average time required to be granted a patent is:

Preliminary examination of invention patents (1st part of application process)

24 months

Utility models

4.3 months

Design patent

3 months

Substantive examination for invention patents (2nd part of application process) will vary depending on the technical nature of the invention.

How much does it cost to apply for a patent in China?

There are three broad fee categories regarding patent applications: preliminary patent application fees, substantive examination fees (for invention patents only), and other miscellaneous fees.
The preliminary patent application fees must be paid within two months of filing the patent application with SIPO. The basic application fee for invention patents is RMB900, utility model RMB500, and design patents RMB500.
A substantive examination fee of RMB 2500 must be paid within three years from the date of filing the patent application.
Other miscellaneous fees that may need to be paid at the time of filing the patent application also include priority fees (a fee that must be paid if a company wishes to claim the benefit of an earlier filing date of a prior foreign application) which are RMB80, and/or additional fees if the application exceeds certain limits regarding length of the description or number of claims.

For time extensions a fee of RMB300 must be paid for the first month. If a further month's extension is required, a fee of RMB2000 must be paid. If a patent application has more than 10 claims, any additional claim has a fixed fee of RMB150. For patent applications that have more than 30 pages in the description an additional RMB50 must be paid per page, and an additional RM100 per page if it over 300 pages.

How can I make the payment for patent application fees?

Fees may be paid through the post office or by bank remittance. The details for bank remittance are as follows:
Bank: China ICBC Beijing North Taipingzhuang Sub‐Branch
Name: PRC SIPO Patent Department
Account Number: 0200010009014400518
The details for postal office payment are as follows:
Merchant Customer Number: 110000860

Payee: SIPO Patent Department Fee Office

What is a preliminary examination?

Preliminary examination assesses the form of the documents, and does not examine the actual content of the patent application. It is relatively simple procedure where the examiner checks whether the necessary application documents and other forms have been filed, whether there are obvious substantive defects in the application forms, and whether the relevant fees have been paid.

What is a substantive examination?

Substantive examination is an examination of the content of the patent application.
SIPO officials will examine the description and claims of the patent, and whether it is novel, inventive, and is practically applicable.
A comprehensive search of prior art (whether there is anything published before the filing date of the patent which describes the same or a similar invention) and other relevant information is also collected. Another purpose of the search is to discover any conflicting applications or documents in order to avoid double patenting. The search provides a basis on which the examiner can determine whether the patent possesses novelty and inventiveness.
Stages of Substantive Examination
Pre‐search stage: The examiners will first read the relevant documents cited as the basis for the application, the background technology, and documents which may help to correctly understand the subject matter. At the same time they will also check the International Patent Classifications and determine the technical fields that must be searched.
Searching stage: The patent examiners will primarily use computer searchable databases to conduct their searches. When conducting the search the examiner analyses the claims of the patent and determines the elements to be searched. The examiner then searches in the technical fields to which the patent belongs, in technical fields of similar functions, and then may also refer to other materials. Manual searches by the examiner may also be conducted during substantive examination. The examiner also conducts a search for conflicting applications and in order to avoid double patenting.

Termination stage: the decision of the examiner to terminate the search must be based on the quantity and quality of the documents that have been obtained during the search. Factors influencing the examiners to terminate the search include time, energy, and the costs spent on the search.

How do I enforce my patent rights if I discover infringement: through administrative or civil action?

Administrative Action ‐ The administrative option involves filing a complaint with the State Intellectual Property Office (SIPO) or their local equivalent in the particular province, autonomous region, or municipality. A party may make an application to SIPO or local equivalent to act as a mediator between parties involved in a patent dispute. SIPO's role is to assist the parties to reach a meditation agreement. If both parties sign and seal the mediation agreement this will be a legally enforceable document. SIPO also has statutory powers to order a party to cease their infringing acts. If SIPO does order a party to cease infringing they will specify the type, object, and scope of the infringement.
Legal Action (Civil) ‐ Legal action is where a party whose patent is being infringed files a lawsuit with the courts. The Intermediate People's Courts (and People's Courts designated by the Supreme People's Courts) hear patent infringement cases of first instance. A party filing the patent infringement claim has the burden of proof. This means that samples of the patent infringement, details of infringers, proof of patent rights, and other evidence must be filed with the courts. Pre‐litigation protection measures are available for patent owners i.e. injunctions, evidence preservation and property preservation. If pre‐litigation protection measures are used then a lawsuit must be filed within 15 days of such measures becoming effective. The court may adopt evidence preservation and/or property preservation measures in the event that an injunction is granted.
If evidence is destroyed, lost, or is too difficult to obtain then the court will undertake evidence preservation measures. No surety is required to be paid to the court. If it is impossible or difficult to enforce a judgement or the lawful rights or interests of a party would suffer from irreparable harm due to the acts of another then an application for property preservation can be filed with the court. A surety must be provided to the court that will make a decision regarding this within 48 hours. Before the court will approve property preservation measures they will consider two aspects.

  • The first is whether the relationships of rights and obligations of the parties are definite, and whether the refusal would seriously affect the life or business of the applicant.
  • The second is whether the respondent is capable of fulfilling their obligations

In these circumstances the court will seal or detain evidence or property, freeze bank accounts, etc. There are also disciplinary measures if a defendant interferes with the preservation measures. For example if they break a court seal they will be liable to a fine by the court.

Can companies file for a patent themselves or do they need to apply via a licensed patent attorney?

Foreign Invested Enterprises (FIEs) – FIEs can apply for patents in China without a patent attorney. Patent attorneys can be hired by FIEs if the applicant is unfamiliar with patent application procedures in China.
Representative Offices (ROs) ‐ ROs are not considered legal entities in China and have to use a licensed patent attorney for any patent applications.

While it is not necessary for FIEs to use licensed patent attorneys, many do retain a patent attorney as the patent application process may be complicated and deadlines for notices must be strictly complied with. It is recommended that a patent attorney or law firm is retained for drafting the patent application and managing the patent application.

If I discover an infringement while my patent is pending, what options are available to me?

Patent infringement can only occur after a patent is granted in China. Before a patent is granted in China patent rights for that patent application do not exist. For all three types of patents the applicant must wait until the patent is granted before they can take action against an infringing party.
For utility model and design patents a party may only sue the infringing party for infringing acts that have occurred after the patent grant.
For invention patents, after the grant of a patent, a party may request reasonable payment from the infringer for any infringement that has occurred during the period from when the invention was initially published in the patent gazette and the grant of the patent. Invention patents are published in the patent gazette 18 months after the initial applications. However, there may be a significant time period before the invention patent is granted after substantive examination.

The applicant has limited options regarding pre‐grant patent infringement. They may consider collecting as much evidence as possible regarding the infringer and the supply chain of the infringing goods. This will allow the identification of infringers and relevant evidence to be quickly used in any post‐grant patent infringement litigation.

If I become aware of a competitor infringing my patent protected product, am I obliged to take action within a specific time frame?

If litigation is pursued then the patent owner or a licensee must take any legal action within two years of the date of the infringing act or from the time they should have known that the infringing act occurred. If the two year period is exceeded then the patent owner will lose the right to take action. There is no specific definition of 'should have known'. However, this may include the following: determined by the publicity of the infringement i.e. whether the products are displayed in popular publications, distributors losing profits and complaining to the company regarding this, sales teams' feedback to a company that infringements are on the market.

For invention patents there is a slight difference as a patent owner may require a reasonable royalty to be paid by anyone using the invention patent after it has been published in the Invention Patent Gazette, but before it has been granted patent rights. If the patent owner knows that another party is using their invention patent then the two year period will begin from the date of the grant of patent.

Do I lose my rights if I do not take action in time?

If litigation is to be pursued then the patent owner or a licensee must take any legal action within two years of the date of the infringing act or from the time they should have known that the infringing act occurred. If the two year period is exceeded then the patent owner will lose the right to take action for this particular infringement but not the patent itself.

How long does it take to resolve a patent dispute case?

The time required to resolve an uncomplicated patent infringement litigation case is approximately one year. A patent infringement case should be concluded within six months from the date of filing with the first court. This may be extended a further six months. If the case is appealed it should be concluded within three months from the date of filing with the second court. This may be extended for a further three months

What are the costs involved in patent infringement litigation cases?

The official court fees for each instance are relatively low. The basic cost is based on the claimed level of compensation. If there is no claim of compensation, the court cost is between RMB 500 to 1,000. If you do claim damages, the court cost will range from 0.5% to 2.5% of the claimed damages, depending on exactly how much you claim. The higher the amount of damages you claim, the lower the percentage required by the court as court fee.

The party filing for litigation must pay the following fees to the court:

  • The case acceptance fee
  • The case application fee
  • The transport expenses
  • Accommodation expenses
  • Living expenses
  • Pay for witnesses, authenticators, interpreters, and adjustment makers

The courts charge case acceptance fees. These are calculated according to the damages claimed in the following way:

Amount of Damages Claimed

Sum or Percentage Payable to Court

RMB < 100,000

RMB 50

RMB 100,000 to 200,000

2.5%

RMB 200,000 to 500,000

2%

RMB 200,000 to 500,000

1.5%

RMB 500,000 to 1 million

1%

RMB 1 million to 2 million

0.9%

RMB 2 million to 5 million

0.8%

RMB 5 million to 10 million

0.7%

RMB 10 million to 20 million

0.6%

RMB > 20 million

0.5%

If there is no disputed amount or price in a patent infringement litigation case then an amount of between RMB 500  to RMB 1000 must be paid to the court as a case acceptance fee.

What damages are available to a party who has had their patent protection infringed?

If a patent owner is successful in litigation the courts may award the successful party damages. Calculation of damages awarded by the court can be based upon the profit made by the infringer or the loss caused to the patent owner. The court will determine the calculation method according to the plaintiff's requests. If the loss to the plaintiff and the gain to the infringer is difficult to determine then a sum of one to three times a reasonable royalty for the patent may be awarded as damages by the court. If there is no royalty fee for the court to refer to or the royalty is clearly not reasonable the court may award statutory damages. The statutory damages normally awarded are between RMB 5,000 to RMB 300,000, and in exceptional circumstances may reach RMB 500,000. Statutory damages awarded cannot exceed RMB 500,000. If a court can access and assess the profits made by the defendant through the infringement by examining the tax records they filed with the State Administration for Taxation, then they may award the plaintiff compensation based on this calculation as it would constitute 'profit made by the infringer'. Judgements from the courts are enforced by the enforcement divisions of the courts.

How do I assign my patent in China and when does is become legally effective?

The assignment of a patent must be approved by the State Intellectual Property Office (SIPO). The concerned parties must conclude a written Patent Assignment Contract (http://www.sipo.gov.cn/sipo/zlgl/htwb/doc4.doc), and record the contract with SIPO. The patent assignment becomes legally effective once it has been recorded with SIPO. The transfer of the patent will also be announced by SIPO.

Do I have to pay any official government fees after my patent is granted?

Yes, you will have to pay further fees after your patent is granted which are known as patent annuities and are paid each year. Payment must be made to the State Intellectual Property Office (SIPO) a month before the calendar year anniversary of the patent’s grant is reached. For invention patents, if they have not been granted in the second year since the application was filed, then a maintenance fee must be paid in the third and subsequent years until the patent is granted. The following table provides a general guide to the amounts required for annuity payments for invention patents:

Year

1-3

4-6

7-9

10-12

13-15

16-20

Invention Patent (RMB)

900

1200

2000

4000

6000

8000

The following table provides a general guide to the amounts required for annuity payments for utility models and design patents:

Year

1-3

4-5

6-8

9-10

Utility Model (RMB)

600

900

1200

2000

Design Patent(RMB)

600

900

1200

2000

For further information please consult the annuity fee tables on the official SIPO website: http://www.sipo.gov.cn.

Is it worth applying for patent rights in China for my product?

Yes, it is worth it. Protecting your patent rights is difficult. However, if someone else obtains those patent rights they can harm you both legally and financially. Having patent rights is preferable to having no legal protection at all. The legal protection of intellectual property rights has improved significantly since China's accession to the World Trade Organisation (WTO). This trend will continue in line with the official Chinese government policy to increase China’s domestic innovation.

What are novelty, inventiveness and practical applicability?

Novelty means that, before the date of filing, no identical invention or utility model has been publicly disclosed in publications in the country or abroad or has been publicly used or made known to the public by any other means in the country, nor has any other person filed previously with the Patent Administration Department under the State Council and are recorded the fact in the administration department.
Inventiveness means that, as compared with the technology existing before the date of filing, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.

Practical applicability indicates that the invention or utility model can be made or used and can produce effective results.

How many types of patents are there in China?

There are three types of patents in China: Invention patent, utility model and design patent.

How do I know what patent to apply for?

Which type of patent you choose will depend on your product, its inventiveness, usage and other factors. You should plan your intellectual property strategy with an experienced patent attorney in China, preferably before any problems occur.

Inventions eligible for a utility model patent are more closely related to how practical it is and to improving the functionality of an existing product rather than a brand new solution. It also covers strictly the shape or structure of a product.

What are the advantages of registering a utility model patent?

The key advantages of a utility model patent are that it only takes approximately one year to be granted and the application fee is lower than that of an invention patent. Utility model patents do not go through substantive examination, which is reflected in the lower basic official (government) application fee of RMB 500. However, a disadvantage of a utility model patent is the lack of a substantive examination, which makes it easier for an alleged infringer to file an invalidation request against your patent. This strategic move could halt any ongoing infringement court cases until the patent re-examination. Additionally utility models offer protection for only 10 years compared with 20 years for an invention patent.  

Under what grounds can I file an invalidation request?

An invalidation request can be filed for any of the following reasons: patentability, lack of proper support/written description, sufficiency/enablement, new information not in the original application, lack of clarity, essential technical features, violation of foreign license filing principle and violation of laws of the State or social morality or being harmful to the public interest.

It takes approximately one year for the Patent Re-examination Board to reach its final decision, and there is still the option of appealing.

What are the advantages of design patents?

The advantages of a design patent is are similar to a utility model patent in that it only takes approximately a year to be granted and it also only requires the basic application fee of RMB 500. The disadvantage is that the lack of substantive examination and lower level of inventiveness required makes it easy for imitators to file the design patent before you in bad faith.
                                                                    

Once you have obtained design patent protection no entity or individual can exploit your design patent. That means that they cannot make, sell, offer to sell, or import a product that incorporates the patented design for production or business purposes.

Can I register my patent in China and Europe at the same time?

You may file a patent application first in any country that is a Member State of the Paris Convention or the World Trade Organisation (which includes all EU Member States), and then file a second patent application in another country (such as China) within one year (six months for design patents), and mention the date of your original application, or your priority date. The priority date buys you one year to file for a second patent application in China before a potential infringer tries to claim your invention for his/her own.
This method is often referred to as the convention route, and the process of filing for the second patent application is basically the same as filing a patent application directly in China.

You may file an international patent application under the Patent Co-operation Treaty (PCT). This is a centralised processing system for obtaining regional or national patents in areas that belong to the PCT, which includes all 27 EU Member States and China. Filing the application is considered a request for protection in all PCT Member States.
A PCT application can be filed at the intellectual property office of any Member State, e.g., the European Patent Office or any national patent office within the EU. One applicant must be a resident or national of a country which is a member of the PCT.

The second part of the PCT route application procedure is very similar to directly filing an application first in China.

How do I prepare for civil action?

Careful planning and preparation can increase the chances of a successful civil patent infringement complain. If you encounter patent infringement, consider the following steps:
1. Engage an experienced patent lawyer. Please refer to the Helpdesk’s Finding the Right Lawyer guide for a step-by-step guide to choosing a lawyer.
2. With the help of your lawyer, prepare an in-depth analysis of the facts of the case, particularly an analysis of the actual infringing details and a review of the patent validity.
3. Choose carefully at which court you want to pursue your enforcement case. An infringement complaint can be filed at the place where the infringer is located or where the infringing act (e.g. sales) occurs. However, note that unlike provincial courts, the Beijing, Shanghai and Guangzhou courts are more experienced in handling patent law cases. It is therefore recommended you file an infringement complaint with one of these three courts. You must also establish proof of infringement in these cities, which is often accomplished by hiring a local investigation firm and purchasing the counterfeiting product by notarisation if necessary.
4. Collect the evidence of the infringement to prove the damages.

5. Make a request to the People’s Court to stop infringing acts immediately, preventing losses before and during the lawsuit. This is called a preliminary injunction.

 

How long does it take to resolve an infringement case in a civil court?

On average it takes one year for an infringement case involving a foreign party to go trial, though this may be extended if another party files for an invalidation request with the Patent Re-examination Board.