The Beijing Intellectual Property Court (BIPC), which has jurisdiction over administrative litigation concerning patent re-examination and invalidation, handles a substantial number of patent administrative cases each year. In 2016, the court accepted 2,184 and concluded 1,341 technology-related cases. Although the court’s concluded cases grew a hefty 90% from 2015, it is still under enormous pressure to reduce the backlog, of which patent administrative cases account for a considerable proportion. Given the limited number of judges, most of whom only have legal knowledge, the ascertaining of technical facts has a pivotal impact on the trial efficiency and fairness.
Patent Counsel
Wanhuida Peksung IP Group
To reduce the case backlog, the court introduced, during proceedings, the use of technical investigators and jurors with technical expertise.
Compared with technical investigators, jurors with technical expertise advise courts on both technical and legal matters in patent administrative cases and tend to be appointed more flexibly.
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Zhao Hewen is a patent counsel at Wanhuida Peksung IP Group
北京市海淀区中关村南大街一号
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电话 Tel: +86 10 6892 1000
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电子信箱 E-mail:
zhaohewen@wanhuida.com
www.wanhuida.com
