In January 2025, China’s National Intellectual Property Administration (CNIPA) issued the Measures for the Administrative Adjudication and Mediation of Patent Disputes (the “Measures”). This is a dedicated departmental rule governing administrative adjudication and mediation of patent disputes, and is of practical importance to patentees enforcing their rights in China. Based on CNIPA’s official interpretation, this article outlines its structure, key content and practical points.
1. Background
The revised Patent Law and its Implementing Rules introduced new requirements for administrative patent protection. In practice, issues such as adding parties, applying the all-elements rule and doctrine of equivalents, and whether to suspend a case remained unclear. The Measures address these gaps and implement the higher-level law.
2. Structure and Key Content
The Measures comprise five chapters—General Principles, Administrative Adjudication, Administrative Mediation, Legal Liability and Supplementary Provisions—with 85 articles in total.
2.1 New systems implemented
It adds chapters on adjudication of major patent infringement disputes and drug-patent early resolution, and mediation of open-licensing disputes; clarifies time limits for adjudication requests; and introduces electronic service and jurisdiction rules.
2.2 Substantive standards for infringement
It sets out the scope of patent protection and applies the all-elements rule, prosecution history estoppel and the doctrine of equivalents, distinguishing literal from equivalent infringement.
2.3 Improved procedure
It simplifies submitted documents, clarifies oral hearings, allows adding parties and introduces technical investigation and appraisal, while refining suspension grounds.
3. Practical Notes
- A patentee facing infringement may request the competent patent authority for an administrative adjudication; major cases may be escalated to the national level.
- Drug-patent disputes can use the early-resolution mechanism linked to drug marketing authorization.
- Clear rules govern non-compliance and repeat infringement, aiding enforcement.
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4. FAQ
What patent disputes does the Measures cover?
It governs administrative adjudication of patent infringement disputes and administrative mediation of patent disputes, including major-infringement and drug-patent early-resolution adjudications, plus mediation of open-licensing disputes.
What standards apply to infringement determination?
The Measures sets out the scope of patent protection and applies the all-elements rule, prosecution history estoppel, and the doctrine of equivalents, distinguishing literal from equivalent infringement.
What procedural changes help right holders?
It simplifies submitted documents, adds electronic service, clarifies oral hearings, and allows adding co-requesters, respondents or third parties.
Source
This article is originally written and attributed to CNIPA’s official interpretation: CNIPA policy interpretation (2025-01-13).
Note: This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official provisions for specifics.