When can you sue for patent infringement in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of the relevant matters related to suing for patent infringement in China. This article will discuss when you can sue for patent infringement in China, the statute of limitations for patent infringement, and the expertise of Michael Xu's legal team in this field.

I. When Can You Sue for Patent Infringement in China?

Discovering Infringement

1. Direct Infringement: If you find that someone is manufacturing, using, selling, offering to sell, or importing your patented product without permission, or using your patented method and selling, offering to sell, using, or importing the product directly obtained from that method, you can consider it direct infringement and take legal action immediately.

2. Indirect Infringement: If someone assists or induces others to commit patent infringement, such as providing production equipment or materials for infringing products, it can also be considered infringement, and you can sue.

Sufficient Evidence

Evidence Collection: Before deciding to sue, you need to collect sufficient evidence, including samples of infringing products, purchase records, sales records, advertisements, etc. Ensuring the evidence is solid can support your infringement claims.

After Administrative Procedures

Administrative Enforcement Results: In some cases, you may first file a complaint with the China National Intellectual Property Administration or local IP offices through administrative channels. Once the administrative procedures are completed and the results support your infringement claims, you can further file a lawsuit in court to seek compensation.

II. Statute of Limitations for Patent Infringement

General Statute of Limitations

Two-Year Limitation: According to the Chinese Patent Law, the statute of limitations for patent infringement lawsuits is two years from the date when the patentee or an interested party knew or should have known about the infringement. Therefore, after discovering the infringement, you should take legal action promptly to avoid missing the limitation period.

Extension of Limitation Period

1. Continuous Infringement: If the infringement is ongoing, the statute of limitations starts from the date of the last infringing act.

2. Other Special Circumstances: In certain special cases, such as concealed infringement where the patentee genuinely could not have discovered it in time, the statute of limitations may be appropriately extended.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in patent infringement legal services in China. We are dedicated to providing comprehensive patent protection and enforcement solutions to help clients effectively safeguard their patent rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and patent experts specializing in patent infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling patent infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in patent protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex patent infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous patent infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign companies can ensure their patents are fully protected in China and receive the most professional legal support and solutions when facing patent infringement issues.