Companies with a significant intellectual property stake in China should put in place an effective protection and enforcement strategy against local and overseas competitors. The difficulties of patent enforcement in China are perennially in the news; many would say China has a checkered history when it comes to IP matters. The Chinese system is actually founded on different principles to the developed country system: civil law rather than common law.

Before a patent is officially granted in China, patent rights for that patent application do not exist. Therefore in the case of infringement, the applicant must wait until the patent is granted in China before they can take enforcement action against an infringing party. This is the case for all three types of patents.  

For invention patents, after the grant of a patent, the patent owner may request reasonable compensation from the infringer for any infringement that has occurred during the period from when the invention was initially published in the patent gazette, and the grant of the patent. Invention patents are published  in the patent gazette 18 months after the initial applications. However, there may be a significant time period before the invention patent is granted after substantive examination.

Published in Intellectual Property
Monday, 12 December 2016 13:41

Shanghai Lawyer Patent Service

Whether you’re a big company or an individual inventor that want to file your patent in China, most clients want to know how much it’s going to cost to hire a patent attorney based in Shanghai.

Your patent needs and concerns are unique to your company and your situation. Rather than tell you what we can do and hope that we eventually get to what you are looking for we ask “how can we help you” and then focus on your patent issues.

At this Shanghai Patent Law Firm, our Shanghai lawyers have filed for patents on such diverse subjects as superconductors, semiconductor chips, bioengineered cell lines, surgical probes, off-shore drilling platforms, windmills, computer programs, digital communications equipment, and complex machinery.

Not only do we have an unusually broad range of experience, but we understand how today’s accelerated product lifecycles, and the widespread tendency to resort to litigation more quickly, require that you have seasoned, hard-hitting—and cost-effective—patent counsel to help you navigate the growing global marketplace.

Published in Intellectual Property

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