Sandip H. Patel, Partner

In the first of two articles for Managing IP, Marshall Gerstein Partner Sandip Patel joins colleagues from the Beijing office of Spruson & Ferguson, Dr. Siqi Wang and Xiaoli Liu, to examine China’s system for appealing patent invalidation decisions. The article provides insight into the procedural framework and strategic considerations shaping cross-border patent disputes, outlining how appeals progress through specialized courts in Beijing and the nuances that companies and practitioners must navigate when challenging or defending patent validity.

As the authors note, “Appeals against patent invalidation decisions play a critical role in China’s patent system.” Drawing on their experience in international patent strategy, the authors provide a clear, practical overview of timelines, evidentiary requirements, and appellate dynamics, highlighting the importance of early preparation, procedural precision, and strategic positioning in navigating China’s evolving patent litigation landscape.

Part two of the article will be published in April. 

Subscribers to Managing IP can read the article here.