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Patent Administrative Litigation

According to the Chinese Patent Law, parties involved in a patent re-examination or patent invalidation procedure which is managed by the Patent Re-examination Board (PRB) have rights to appeal the PRB's decision within three months from the date of receipt of the decision. For a typical appeal, it includes two instances with the first instance before the Beijing 1st Intermediate Court and the second instance before the Beijing Higher Court. As a final remedy, a retrial procedure can be requested before the Supreme Court within 6 months from the second instance judgment.

With regard to this aspect, the following services are provided:
  • Lodging a first instance appeal against a negative decision from the PRB
  • Attending a first instance against the opponent's appeal
  • Lodging a second instance appeal against a negative judgment from the first instance
  • Attending a second instance against the opponent's appeal to the first instance judgment
  • Lodging a retrial before the Supreme Court against the second instance judgment
  • Attending the retrial procedure against the opponent's appeal before the Supreme Court