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Archived updates for Friday, October 22, 2004

Patent Invalidation Procedures in China

According to an October 2004 article by J. Benjamin Bai and Helen Cheng explaining Chinese patent invalidation procedures,
Notwithstanding the political rhetorics about China?s lack of IP protection, it has strengthened its patent system significantly in recent years. Therefore, multinational companies facing patent challenges in China should not operate under the mistaken assumption that foreign companies cannot win in Chinese courts and agencies. In fact, multinational companies have won before the PRB
and in courts in patent invalidation proceedings.

It generally takes about six months to two years in order to a decision from the Chinese Patent Reexamination Board (or "PRB") and the reversal rates are relatively low ? about less than 20 percent. "Therefore, winning before the PRB is more than half of the battle. However, losing before the PRB is not the end of the world either."
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