An overview of China’s patent proceedings

A recent judgment in a local Chinese case (Case No. (2025) Zui Gao Fa Zhi Xing Zhong No. 959) has reaffirmed that where a patent is challenged multiple times, the China National Intellectual Property Administration (CNIPA) must conduct its review with heightened caution. In particular, due consideration should be given to prior invalidation decisions in accordance with due process and res judicata principles.

Unlike in the U.S., where district courts may adjudicate both patent validity and infringement within a single proceeding, China adopts a bifurcated system. Patent invalidation (administrative) proceedings and infringement (judicial) proceedings are separate and handled respectively by the CNIPA and the courts only.

This article provides an overview of CNIPA patent administrative proceedings, including procedural steps, review processes, and key features – as well as the interaction between the patent infringement and administrative proceedings.