In China, the Greatest Number of Decided Cases Concern Design Patents
November 27, 2019
RPX data on Chinese patent litigation show that cases asserting design patents make up the greatest share of lawsuits that have reached a judgment—more than the country’s other two patent types combined.
From 2006 through August 2019, design patents comprised 58% of such patent suits, compared to 14% for invention patents (which are closest to US utility patents and cover technical solutions for a product, process, or improvement thereof) and 28% for utility model patents (which issue more quickly and cover technical solutions related to the shape and/or structure of a product).
However, design patents make up a far smaller share of issued patents, accounting for just 22% of the patents issued in 2018. Utility models comprised 60% of the patents issued in that year, while invention patents made up 18%.
More details on the distinctions between Chinese patent types can be found in RPX’s last 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.