On November 18, 2025, China’s Supreme People’s Court (SPC) released five Typical Cases on Combating Malicious Intellectual Property Litigation (最高人民法院发布治理知识产权恶意诉讼典型案例). While not precedential as in common law systems, typical cases are used to guide lower courts and promote consistent legal application across China. The previously-issued “Opinions of the Supreme People’s Court on Serving and Safeguarding Technological Innovation through High-Quality Adjudication” pointed out that “illegal acts that hinder innovation, such as false litigation, malicious litigation, and abuse of litigation rights, should …
Category: Utility Model
Contemporary Amperex Technology Co., Limited (CATL) Continues EV Battery Patent War Against China Aviation Lithium Battery (CALB)
Per a filing with the Stock Exchange of Hong Kong Limited dated July 26, 2024, CALB Group Col., Ltd. (中創新航科技集團股份有限公司) announced it was sued (again) by CATL. CATL is the largest EV battery producer in the world with a global market share of about 37% in 2023. CALB is an emerging rival ranking third in China behind CATL and BYD. CATL is requesting an injunction and damages of 92 million RMB against CALB for allegedly infringing Chinese utility model no. …
China’s Supreme People’s Court Releases the 39th Batch of Guiding Cases Covering Intellectual Property Law
On December 19, 2023, China’s Supreme People’s Court (SPC, currently geoblocked) released the 39th Batch of Guiding Cases (关于发布第39批指导性案例的通知) covering intellectual property law. While China’s legal system is not a common law system, China nonetheless issues guiding cases “for reference when trying similar cases.” This batch of Guiding Cases covers invention patents, utility models, trade secrets and other intellectual property matters.
China’s National Intellectual Property Administration Releases Guidelines on Subject Matter Eligibility of Utility Model Patents
On November 2, 2023, China’s National Intellectual Property Administration released the Guidelines on Subject Matter Eligibility of Utility Model Patents (关于实用新型专利保护客体判断的指引). Utility model patents (UMs) are one of the three types of patents in China, the others being design and invention (similar to U.S. utility patents). UMs do not undergo substantive examination and therefore tend to grant quickly. However, the subject matter of UMs is limited to the “shape, structure or combination of a product that is suitable for practical …