Q & A On Patent Litigation In China (Part II - Procedure And Argument)

1. What is the process of a typical civil infringement litigation case?

* For cases where at least one of the following occurs: a party is a foreign entity, or any subject of the action or factum juridicum existed outside of China - the time limit is extended to 30 days.

2. What is the process of a typical first instance court session?

3. How long does it usually take for a typical patent infringement case in the first instance?

Generally speaking, the first instance takes no longer than six months, but foreign cases (i.e. at least one party is a foreign entity) are not subject to this limitation. On average, a patent infringement case in the first instance will be closed within six to twelve months.