Recent Trends in China’s Patent Litigation: A Statistical Overview
The landscape of patent litigation in the People’s Republic of China has continued to evolve rapidly. The recent statistical data paints a picture of a robust and highly efficient patent protection regime in China – evidenced by the continued growth in patent applications, first-instance infringement cases and invalidation actions. Meanwhile, this surge in initial activity has been accompanied by the edging up of patent invalidation rates and sharply declining reversal and remand rates at the appellate level for patent invalidation cases.
In contrast, technical secrets litigation, which is an equally important route to protect technical innovation, has witnessed a clear trend in favour of right holders. The success rate for establishing infringement, as well as the amount of damages awarded to right holders at the appellate level, has markedly increased.
