How long do patent infringement cases take in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of patent infringement cases in China. This article will discuss the evidence required for patent infringement cases, the duration of court proceedings, and the expertise of Michael Xu's legal team in this field.

I. What Evidence is Required for Patent Infringement Cases in China

Proof of Patent Rights

1. Patent Certificate: Provide the patent certificate and its copies to prove the legitimacy of the patent rights.

2. Patent Authorization Documents: If the patent holder is a company or other legal entity, provide patent authorization documents and related proof.

Evidence of Infringement

1. Infringing Products: Collect samples of the alleged infringing products, ensuring the samples match the technical features of the patent.

2. Purchase Records: Keep records of purchasing infringing products, including invoices, receipts, and purchase contracts.

3. Proof of Infringing Activities: Record infringing activities through photos, audio recordings, and videos to ensure the completeness and authenticity of the evidence.

Market Research Reports

1. Market Impact of Infringing Products: Provide reports on the market impact of infringing products, including market share, sales volume, and consumer feedback.

2. Source and Sales Channels of Infringing Products: Investigate and provide information on the production, sales, and distribution channels of the infringing products.

Legal Documents

1. Cease and Desist Letters: Copies of cease and desist letters sent to the infringer and their responses as records of formal negotiations.

2. Administrative Complaint Records: Records and outcomes of complaints filed with the IP office or other relevant administrative bodies.

II. How Long Do Court Proceedings for Patent Infringement Cases Typically Take in China?

Case Acceptance Stage

1. Filing and Acceptance: After receiving the complaint, the court generally decides whether to accept the case within 7 days. If the evidence is complete, the filing process is relatively quick.

2. Evidence Exchange and Review: After the case is accepted, both parties need to exchange and review evidence. This stage typically takes 1-2 months.

Trial Stage

1. First Instance Trial: Generally, the first instance trial takes 6-12 months, depending on the complexity of the case and the evidence.

2. Appeal and Re-trial: If dissatisfied with the first instance judgment, an appeal can be filed with a higher court. The appeal process may take an additional 6-12 months.

Enforcement Stage

1. Judgment Enforcement: After the court judgment takes effect, if the defendant does not comply with the judgment, the plaintiff can apply for court enforcement. The duration of the enforcement stage varies depending on the complexity and difficulty of enforcement, typically taking 6-12 months.

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.