The U.S. Patent and Trademark Office (USPTO) China team within the USPTO's Office of Policy and International Affairs is a dedicated group of intellectual property (IP) attorneys and specialists with knowledge and experience on China manners from the U.S. law perspective as well as the Chinese law perspective.As part of the China team’s outreach, the USPTO held a webinar on December 15, 2020 entitled “Understanding patenting in China.” This article provides an overview of the helpful information the webinar provided for patent practitioners and patent decision-makers.
Mr. Miao, from the NTD,discussed judicial enforcement and administrative enforcement of patents in China. To enforce a patent in China, the patentee may bring an enforcement action against an infringer in a court having jurisdiction or seek to resolve the dispute in an administrative way by submitting enforcement requests with the local IP office.Mr. Miao noted a disadvantage to administrative proceedings is that local IP offices have discretion on whether or not to take a case and are often unwilling to take complex cases. Another disadvantage Mr. Miao noted is that there are no monetary remedies in administrative actions.
In summary, Mr. Miao stressed that patent protection in China is getting better and better. Patent protection has become a fundamental need of China itself in changing the old development pattern to a technology driven economy. A patentee should consider selecting China as an important battlefield for patent infringement because the court can conclude a patent litigation in a faster way (e.g., faster than the U.S. court system), there is a higher rate of being awarded an injunction, and China has a huge population and a huge market.