Guide to case registration for administrative adjudication of patent infringement disputes

english.shanghai.gov.cn

The Shanghai Intellectual Property Administration, or SIPA, provides administrative adjudication services for patent infringement disputes.

This service is governed by the Patent Law of the People's Republic of China, its implementing rules, and municipal administrative adjudication regulations. It applies to individuals, enterprises, public institutions, and social organizations within Shanghai's jurisdiction.

Key information

The service operates under a commitment-based approval system, with a statutory handling timeframe of five working days and no administrative fees.

Applicants can submit filings through online portals, at service windows, or by mail.

Required documents

Applicants must provide complete, compliant materials. Each case may involve only one patent number and one respondent; where multiple patent numbers or multiple respondents are involved, separate requests must be filed and separate cases registered. Applicants must also provide one copy of the request and the relevant evidence for each respondent:

  • Petition for Handling a Patent Infringement Dispute;
  • Documents proving the claimant's identity or entity qualification (An individual shall submit a resident identity card or other valid identification document. A legal person or unincorporated organization shall submit a copy of its valid business license or other document proving its entity qualification, together with proof of identity of its legal representative or person in charge. If the claimant is an interested party, supporting documents shall also be submitted);
  • A copy of the patent register issued by the China National Intellectual Property Administration. For a utility model or design patent, the competent authority may also require a patent right evaluation report issued by the China National Intellectual Property Administration; if such a report is required and the claimant fails to submit it without a justified reason, the request may not be accepted;
  • Documents relating to the verification of the respondent's identity or entity qualification information;
  • Evidence of infringement by the respondent.

Standard workflow

  • Submission (0 days): The application materials are received upon submission.
  • Review (5 working days): The competent authority reviews the application materials.
  • Issuance & Delivery (0 days): SIPA issues a Notice of Acceptance of Patent Infringement Dispute Case for eligible applications.

Service window

  • Location: Window No 6, Administrative Service Center, Shanghai Intellectual Property Administration, No 340 Shibocun Road, Nanmatoulu subdistrict, Pudong New Area
  • Business Hours: Monday to Friday, 9 am–11:30 am and 1:30 pm–5 pm (closed on statutory holidays)
  • Inquiry Hotline: 021-8036-3300
  • Supervision & Complaints: 021-12345

Jurisdiction rules

Under the Measures for Administrative Adjudication and Mediation of Patent Disputes, provincial-level patent administration departments may handle, within their jurisdiction, patent dispute administrative adjudication and mediation cases of major impact that are foreign-related, involve Hong Kong, Macao, or Taiwan, or where the place of infringement involves two or more prefecture-level administrative divisions.

 

Note: The English text is for reference only. In case of any discrepancies, the Chinese version shall prevail.

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