Chinese Utility Model Patent That Survived 19 Invalidation Attempts Leads to 1 Million RMB in Damages

Posted on Categories Case, Utility Model

In decision (2020)最高法知民终357号 released August 10, 2020, China’s Supreme People’s Court affirmed an earlier award of 1 million RMB (~$145 thousand USD) for infringement of utility model (UM) patent no. ZL201420522729.0.  The UM relates to a selfie stick and has already survived 19 attempts at invalidation. 

Utility Model Patents: An Overlooked Chinese IP Right

Posted on Categories Patents, Utility Model

Chinese utility model patents are often overlooked by U.S. applicants when filing patent applications in China. This might be due to a lack of familiarity with them, as the U.S. patent system does not separately provide a similar intellectual property right, and many inventions may not qualify for a UM patent due to limited subject matter eligibility. The China National Intellectual Property Administration grants UM patents only for products. The products “shall be objects manufactured by industrial methods, having definite …