An overview of the judicial protection of patents in China

Legal context: The present paper introduces how the patent protection systemis organized in China and the competence of various administrativeand judicial instances is reviewed with case studies as illustrativeexamples. Key points: The article describes the patent grant (or refusal) procedureand the means available to an applicant to have a decision reviewed,as well as the prosecution of invalidity actions. Practical significance: Finally, the authors examine responses to patent counterfeitingthrough administrative proceedings along with their practicalimplications. This might possibly involve agreement betweenthe parties, and judicial actions, including both civil andcriminal proceedings.