China Patent Infringement: Don’t Get Mad, Get Even

China Design Patents

New paper just out by Mei Ying Gechlik, entitled, “Protecting Intellectual Property in Chinese Courts: An Analysis of Recent Patent Judgments.” The paper touts the Patent Reexamination Board (PRB) of China’s State Intellectual Property Office as the best place to pursue patent infringement cases.

Gelchik’s paper also chastises US companies for not filing their Chinese patents quickly enough after filing for their US patents. Gelchik notes that many Chinese companies monitor patents filed in the US and then turn around and file those same patents on their own behalf in China.

I will add that if you do not file for a Chinese patent within one year of filing for your patent in another country, you cannot secure a Chinese patent. Tell your patent lawyers this if they do not know.

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