The patent is granted in China, yet copies of the product are circulating through domestic e-commerce platforms. The first question foreign rights holders usually face is not whether they can sue, but where, how, and whether it is worthwhile. The starting point is clear: foreign parties may file patent infringement lawsuits in China on an equal footing with Chinese parties. The real differences lie in procedural details and evidence organization.

1. Confirm the Strength of Your Rights First

Checklist before filing: the patent must be in force with annual fees paid; if the patent was acquired by assignment, the change of registrant must be recorded. For invention or utility model patents, the stability of the claims should be assessed in advance, because the defendant will very likely file an invalidation request. This is routine in Chinese patent litigation, not an exception.

2. Jurisdiction: Which Court

First-instance patent disputes are heard by intellectual property courts or intermediate courts designated by the Supreme People's Court; in Shenzhen, by the Intellectual Property Tribunal. As to territorial jurisdiction, suit may be brought where the infringing act occurs or where the defendant is domiciled, and the place of infringement includes the place of manufacture, the place of sale and the place of receipt for online sales. For foreign rights holders, receipt-based jurisdiction is practical in e-commerce cases.

3. How the Procedure Runs

Evidence preservation comes first: notarized purchase of infringing products and notarized webpage capture are standard, and failing to fix evidence before filing risks losing it to delisting or link removal. Filing requires the complaint, the patent certificate, proof of annual fee payment and notarized or apostilled corporate documents. The core of the hearing is the comparison of claims against the accused solution, often with the assistance of a technical investigator. If invalidation is filed, the court may suspend the case pending the result, so the overall timeline should be estimated at one to two years or longer.

4. How Damages Are Calculated

The Patent Law provides several methods: the rights holder's actual loss, the infringer's unlawful gains, or a multiple of a reasonable license fee; where none can be determined, the court awards damages within the statutory range based on the patent type, the nature and duration of infringement and the scale of sales. Awards against willful and repeated infringers have been trending stricter, but outcomes vary widely by case and should not be benchmarked against isolated reports.

5. Three Particular Costs for Foreign Rights Holders

Notarization and legalization of documents, translation of technical materials, and travel and communication associated with jurisdiction choices. All three point to the same recommendation: engage a Chinese lawyer experienced in cross-border IP litigation who can build these steps into one work plan.

6. Choosing a Lawyer

Verification channels are public: patent attorney qualifications can be checked on the website of the China National Intellectual Property Administration, and lawyer status on bar association websites. At a first meeting, confirm whether the lawyer focuses on patent litigation, has cross-border experience, how technical comparison will be organized, and whether fees are stage-based or contingency. Be cautious of any promise of outcome, which lawyers are not permitted to make.

The IP team of Yingke Shenzhen Law Firm handles patent infringement litigation, invalidation defense and cross-border IP matters with bilingual service covering evidence preservation, jurisdiction strategy, technical comparison and court representation, with stage-based, written fee arrangements. Contact: yaozongxun@yingkelawyer.com.

7. Frequently Asked Questions

Q: My patent was filed abroad. Can I sue in China?

A: Patent protection is territorial. A China-granted patent is required to enforce in China.

Q: The infringer is a small factory. Can it pay?

A: Manufacturer and sellers may be joined as co-defendants, reasonable enforcement costs can be claimed, and property preservation is available.

Q: Should I complain to the platform or sue first?

A: Platform complaints act fast but only bind the platform; litigation has broader effect. The two can run in parallel.

Q: Can a Chinese judgment be enforced against overseas assets?

A: Recognition abroad depends on judicial assistance arrangements between China and the country concerned and should be planned early.

In summary: confirm the strength of your patent, fix jurisdiction, preserve evidence early, and budget for a multi-year timeline. For procedural and language support, contact Yingke Shenzhen Law Firm at yaozongxun@yingkelawyer.com.

【Disclaimer】The content of this article is general legal information for reference only and does not constitute formal legal advice. Specific matters should be confirmed through an in-person consultation with a licensed lawyer and a written engagement agreement.