Foreign companies can and do enforce patents in China, in the same courts and agencies as Chinese companies. What matters is preparation, particularly the validity of your patent and the quality of your evidence.
What you need first
- A granted Chinese patent. Patents granted in other countries cannot be enforced in China.
- Clear ownership and a valid, paid-up patent.
- Evidence of infringement collected in a form courts will accept, often through notarised purchases or site visits.
Where to enforce
You can sue in a court with jurisdiction, including specialised IP courts and tribunals in major cities, or complain to administrative authorities for faster action in some cases. Many defendants respond by challenging the patent's validity, so we prepare for that from the start.
Formalities for foreign parties
Foreign companies need to provide authorised corporate documents and a power of attorney. China joined the Apostille Convention in November 2023, so for many countries an apostille now replaces consular legalisation.
What you can obtain
Remedies include injunctions and damages, and the Patent Law allows higher damages for deliberate and serious infringement. Outcomes depend on the evidence and the strength of your claims.