When Standards Evolve: How China Judges Inventiveness In Next-Gen Tech Patents

Starting in 2023, Datang Mobile, one of the key players in China's telecom standardization efforts, initiated infringement proceedings against Samsung in China, Germany, and the US. Samsung responded by filing multiple invalidation petitions in several jurisdictions, including China, the United States, and Europe. The case discussed below is one of above-mentioned invalidation cases in China, and was selected as one of the Top Ten Reexamination and Invalidation Cases of 2024 by CNIPA as

"a typical patent case in the field of communications involving standards evolution in that its assessment of inventiveness provides guidance for this type of case."¹

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