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ARTICLE · 14 AUGUST 2026

Supreme Procuratorate Releases Typical Case: Malicious Suit Filed By Concealing Patent Invalidation

China's Supreme People's Procuratorate has released five typical cases addressing malicious intellectual property litigation, with a landmark design patent case demonstrating how concealing patent invalidation during litigation constitutes bad faith conduct. The case of Individual X v. Company A illustrates the legal consequences when a patent holder knowingly pursues infringement claims after their patent has been declared invalid by Chinese authorities.

ChinaIntellectual Property

China's Supreme People's Procuratorate (SPP) has released five typical cases concerning the punishment of malicious intellectual property litigation, covering utility model patents, design patents, trademark rights, and unfair competition across multiple intellectual property domains.

Among these, the case of Individual X v. Company A regarding design patent infringement was selected as one of the typical examples.

Basic Facts

In May 2017, X obtained a design patent for a body-shaping garment. X subsequently purchased multiple products identical or similar to the patented design through online platforms and had the entire purchase process notarized. Between October 2018 and April 2019, X filed multiple lawsuits against various parties, alleging infringement of the design patent. Among these, on October 11, 2018, X initiated the present action against Company A.

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