Patent Laws And Regulations China 2026

1. Patent Enforcement

1.1 Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant's choice?

In China, a patent can be enforced either before (i) people's courts through civil litigation, or (ii) administrative authorities such as the China National Intellectual Property Administration (“CNIPA”) or local intellectual property (“IP”) offices through administrative enforcement proceedings.

The factors that would influence a claimant's choice may include: (i) that damages can be claimed in a civil lawsuit, but will not be awarded in administrative enforcement proceedings; (ii) that normally, the administrative enforcement proceeding is faster than civil litigation; and (iii) that the courts are more experienced in dealing with cases involving high technical complexity.