Complete Guide to Patent Litigation: Procedures, Costs, and Timelines
Patent litigation is the legal route for resolving patent disputes, including infringement identification, damages calculation, and other complex issues. This guide explains the process, costs, timelines, and strategic responses to help you clearly understand each step when facing patent disputes—whether defending or initiating litigation—enabling efficient handling and minimizing losses.
I. What Is Patent Litigation? Core Concepts and Types
1.1 Nature of Patent Litigation
Patent litigation refers to civil or administrative disputes arising from patent rights, resolved through judicial proceedings concerning patent applications, ownership, or infringement. It is not only a legal contest but also a technical and commercial battle, often involving complex technical comparisons and evidence evaluation.
For example, a chip manufacturer might sue a competitor for using its patented technology, seeking to stop the infringement through litigation.
1.2 Common Types of Patent Disputes
- • Patent Infringement Litigation: The most typical form where a patentee sues an infringer.
- • Patent Ownership Disputes: Conflicts over inventorship or transfer of rights.
- • Patent Validity Challenges: Often raised as a defense in infringement cases or separately through invalidation procedures.
II. Legal Basis and Jurisdiction
2.1 Legal Framework
Patent litigation in China is governed by:
- • Patent Law of the People’s Republic of China
- • Civil Procedure Law
- • Interpretations of the Supreme People’s Court on Patent Disputes
2.2 Jurisdiction
- • First Instance: Generally handled by Intermediate People’s Courts in major cities or IP-specialized courts.
- • Appeals: Heard by High People’s Courts or the Supreme People’s Court for key cases.
III. Patent Litigation Procedures
3.1 Step-by-Step Process
| Step | Description |
| Case Filing | Plaintiff submits complaint, evidence, and jurisdiction basis |
| Case Acceptance | Court conducts preliminary review and officially dockets case |
| Pretrial Procedures | Includes evidence exchange, motion hearings, or mediation |
| Formal Trial | Court reviews facts, hears arguments, and cross-examines |
| Judgment | Court issues decision on liability and remedies |
| Appeal (if any) | Parties may appeal within the legal time limit |
3.2 Evidence Requirements
- • Patent Certificate and Claims
- • Evidence of Infringement (e.g., products, technical comparison)
- • Evidence of Damages (e.g., loss of profits, license fees)
- • Authentication and notarization may be needed for foreign evidence
IV. Costs and Timeframe
4.1 Litigation Costs
| Item | Range (RMB) | Notes |
| Court Filing Fee | 500–100,000+ | Based on claim amount |
| Attorney Fees | 30,000–500,000+ | Depends on complexity and firm |
| Evidence Collection & Testing | 10,000–200,000+ | For technical tests, notarization, etc. |
| Expert Witness (if used) | 50,000–300,000+ | Optional but often helpful in tech cases |
4.2 Timeline Overview
- • First-instance trial: Typically 6–12 months
- • Appeal: Adds 3–6 months
- • Complex or cross-border cases may extend beyond one year
V. Outcomes and Enforcement
5.1 Potential Results
- • Infringement Confirmed: Injunction + Compensation + Legal Costs
- • No Infringement: Plaintiff’s claims rejected
- • Partial Infringement: Mixed results depending on claims
5.2 Enforcement of Judgment
If the infringer fails to comply with the court’s ruling, the plaintiff can apply for compulsory enforcement through the People’s Court.
VI. Strategic Tips for Patent Litigation
6.1 Pre-litigation Preparation
- • Conduct thorough infringement analysis
- • Preserve evidence in advance (e.g., purchase notarized samples)
- • Consider administrative or negotiation alternatives first
6.2 During Litigation
- • Coordinate legal and technical teams
- • Ensure claims are clear and enforceable
- • Respond promptly to court deadlines and motions
6.3 Post-litigation
- • Evaluate judgment for appeal
- • Consider filing for patent invalidation if defending
- • Plan follow-up licensing or enforcement actions
VII. Conclusion
Patent litigation is a powerful tool to protect IP rights but requires strong legal and technical coordination. Understanding the process, costs, and strategic angles allows rights holders to assert or defend patent rights more effectively and maximize commercial value.
Need professional litigation support? Our IP attorneys are ready to assist with case evaluation, evidence handling, and full-process representation.
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