China Emerges as New Hot Spot for Patent Litigation

Patent litigation in China is on the upswing and for good reason. Over the past several years, China has created new IP specific courts, taken more patent cases than in the past, and generally created a court system that while emerging, reflects the country’s worldwide presence in manufacturing and its need for a court system that can uphold patent rights. China’s progress combined with the perceived lessening of patent rights for inventors in the United States has created an environment where China has become a preferred venue for patent owners. Indeed, it is much easier to get an injunction against the infringer in China versus the U.S. Though the United States has long been lauded for having the best patent system in the world, recent statutory changes and case law has created a belief that the environment in the country is markedly pro-defendant. At the same time, China’s development of its intellectual property system has been noticeable. As a result, many patent owners are now evaluating whether to bring patent cases in China rather than the United States.

The courts in China offer a patent owner several advantages to litigation in the United States:

  • Higher probability of an injunction;

  • Relatively inexpensive compared to other jurisdictions; and

  • Quick resolution of matters (typically between 10-12 months from filing)

As more patent owners seek protection from infringers in China, it will be interesting to analyze how the country’s court system evolves. This is especially true given there is a vast array of manufacturing operations in China for the world’s elite technology companies. As more and more companies seek to protect their intellectual property overseas, there is no doubt many eyes in the patent community will be focused on the continued development of patent litigation in China.

More from this series: Patent Litigation in China: What Remedies are Available? Patents in China: Acquisition and Valuation

For more information on this topic, please visit our Patent Protection service page, which is part of our Patent practice. 

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the trademark law firm and its trademark attorneys may be found at www.klemchuk.com.

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