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ARTICLE · 09 FEBRUARY 2024

Study On Feasibility Of Parallel Litigation And Administrative Complaint For Patent Infringement

Purplevine IP Group
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Parallel filing of patent civil lawsuit and administrative adjudication petition by a patent holder is generally impractical and conflicts with current regulations.

ChinaIntellectual Property
Zhenxian Zhang
Zhenxian Zhang
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Abstract

  • Parallel filing of patent civil lawsuit and administrative adjudication petition by a patent holder is generally impractical and conflicts with current regulations.
  • Many regions have adopted a working linkage mechanism of "Administrative Adjudication + Administrative Mediation + Judicial Confirmation."
  • The legal basis for the linkage mechanism of "Administrative Adjudication + Judicial Confirmation" is insufficient but is being explored as a policy development direction.
  • Supposing the patent holder reaches a mediation agreement with an alleged infringer on a patent dispute through the local patent administration, courts will likely directly confirm the agreement in provinces and cities such as Beijing, Shanghai, Guangzhou, Zhejiang, Hubei, and Shenzhen. The judicial confirmation approach significantly shortens the rights protection cycle, provided the right holder reaches a pre-litigation mediation agreement with the alleged infringer.

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