Any invention or utility model for which a patent right is to be granted shall meet the requirements of novelty, inventiveness and practical use. Here I outline some key defence strategies to help alleviate the pressure of facing unexpected patent litigation in China.Discover how the patent system works in China. ▫Literal infringement. – All the elements in the claims could be found from the accused product or process. This article will introduce the relevant patent invalidation and patent administrative litigation procedures in China. "The major issue in patent litigation in the People's Republic of China is obtaining evidence to prove infringement. Trademark and copyright infringement tend to be simpler, and local officials have more experience working with these forms of IPR. Chinese patent litigation data: what it tells us and what it doesn't. Chris Bailey, Douglas Clark , Mark Cohen and Aria Tian.