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