Patent Invalidation Rates in China Remain High Despite Dramatic Increase in Challenges Decided
June 30, 2021
As China becomes an increasingly popular venue for patent litigation, it is not a surprise that the number of invalidity challenges decided has grown as well—while invalidation rates have remained consistently high.
RPX data show that patent invalidity decisions have increased threefold over the past ten years, with a particular jump seen from 2014 onward. Unlike in the US, Chinese courts cannot hear invalidity challenges; these are instead filed as administrative proceedings before the Reexamination and Invalidation Department of the Patent Office at the China National Intellectual Property Administration (CNIPA).
Moreover, as also illustrated below, the invalidation rate has remained fairly constant despite this uptick in invalidity decisions: at least some claims have been invalidated 60% of the time in CNIPA invalidity proceedings decided in each year since 2010.
