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ARTICLE · 08 JULY 2007

Winning Patent Strategies

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Multinational corporations are increasingly feeling the pressure from products manufactured in China, and Chinese companies are increasingly finding they need to secure and enforce patents in China to defend their global and Chinese market shares.

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Ningling Wang
Ningling Wang
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Originally published in Managing Intellectual Property: China IP Focus 2007, March 2007
Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Multinational corporations are increasingly feeling the pressure from products manufactured in China, and Chinese companies are increasingly finding they need to secure and enforce patents in China to defend their global and Chinese market shares. This article considers how IP owners can employ defensive strategies within the Chinese patent and court systems to protect against loss of market share and to mitigate the risks of injunctions and liability for damages. These strategies include securing strong patents worldwide – including in China – as a defensive strategy against litigation in China, employing invalidity proceedings against a competitor’s Chinese patents, managing risks associated with alternative administrative patent infringement procedures in China, and designing around a Chinese patent.

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