Lu Yin Co-Authors IPWatchdog Article About Effects of China’s New Patent Laws
Lu Yin, a Quarles & Brady Intellectual Property partner in Denver, co-authored an IPWatchdog article about China’s new patent laws and what they mean for businesses. These changes allow businesses not only to receive increased damages for infringement but also recover legal costs and punitive damages. As a result, organizations should reevaluate their patent enforcement strategies within China.
The results of the revised laws are promising from an enforcement perspective. Based on data from June 2021 to May 2023, foreign patentees prevailed in 85.29% of patent cases where judgments were rendered, with average awarded damages around $250,000. Among the top 20 cases in China involving significant damages during this period, foreign patent holders initiated seven actions, five of which were against Chinese companies. Damages awarded in these seven cases averaged about $1 million, with one case awarding $2 million. These cases are not only indicative of increased statutory damages, but the willingness of the Courts to consider damages theories apart from statutory damages.