On June 21, 2021, the China National Intellectual Property Administration (CNIPA) issued the Letter of Reply from the CNIPA to Recommendation No. 6494 of the Fourth Session of the Thirteenth National People’s Congress (国家知识产权局对十三届全国人大四次会议第6494号建议答复的函) explaining that CNIPA has a fast track channel for patent invalidation cases involved in patent infringement disputes. Currently, Chinese courts will usually not suspend a patent infringement case for a concurrent patent invalidation case.
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
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