Patent Infringement Litigation In Focus: SPC Draft Judicial Interpretation (III)

The Supreme People's Court of the People's Republic of China (hereinafter referred to as “SPC”) has released for public comment a draft of its third judicial interpretation (“Interpretation (III)”) addressing key procedural and substantive issues in patent infringement litigation. The comment period remains open until February 2, 2026.

The draft of Interpretation (III) comprises 31 articles spanning critical areas of patent enforcement, including jurisdictional rules, standing to sue, claim construction, infringement analysis, defenses, damages, and related procedural mechanisms. Several notable provisions warrant particular attention from practitioners advising clients on Chinese patent litigation strategy: