Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
Filing a patent application directly in China tends to be quicker and more efficient than relying on international patent applications. This direct approach provides a more robust defense against potential infringers operating within the Chinese market.
How long does it take to get a Patent in China? In Mainland China, it takes about 6 months from the filing of a patent application to get a Design patent, 6-8 months to get a Utility Model Patent, and 2-5 years to get an Invention patent.
Examination proceeding for inventions includes five stages, namely receiving, preliminary examination, publication, substantive examination, and grant.
Getting Started in Litigation Your attorney will file a formal complaint in federal court, explaining how the defendant has infringed on your patent. Together with your attorney, you will need to compile evidence of your ownership of the patent and the infringement.
In China, you can protect your IP with a trade mark, patent, design right or PBR. To avoid someone else registering your mark and suing you for infringement, consider registering your rights as early as possible.
Patent infringement lawsuits can vary in duration but generally take one to three years to resolve.
The IPR Center encourages victims to visit its website at .IPRCenter to obtain more information about the IPR Center and to report violations of intellectual property rights online or by emailing IPRCenter@dhs. You can also report IP crime by clicking on The IRP Center's “Report IP Theft” button.