Patent Plaintiffs in China Succeed More Often with Design Patents than Utility Patents

RPX data on Chinese patent litigation show that plaintiffs win a favorable judgment more than half of the time in cases asserting all three types of Chinese patents, and most often for design patents. Moreover, in infringement cases decided from January 2006 through August 2019, defendants won outright just 15% of the time for cases asserting design patents, with a 22% win rate for utility model patents and 34% for invention patents.

For an overview of the three Chinese patent types, including substantive and procedural differences, see RPX’s recent Data Byte.

Chinese courts have become an increasingly popular venue for patent litigation, and a key to assessing patent risk in China is understanding the differences between the Chinese and US patent systems. For a detailed overview of those differences, see RPX’s blog post: “Chinese Patent Litigation: A Comparative Overview”.

Why RPX?

At RPX, we believe that the best defense is a good offense. That’s why since our inception in 2008, we’ve purchased rights to over 47,800 patent assets to mitigate patent risk for our members. As one of the most active participants in the patent market, RPX has compiled proprietary data on thousands of litigations and patent transactions. With RPX, companies have access to reliable information about the patent market, helping them to better understand this constantly changing landscape. Through our data and research on patent litigation and the patent marketplace, we’re able to provide our members with the most complete view of the current picture.

As the patent litigation landscape continues to change, RPX will keep innovating and staying ahead of the future risks our members face. Contact us today to find out how RPX can help your company manage patent risk at every level.