On June 21st, the CNIPA replied to the queries about the long patent litigation cycle, saying that according to the existing patent system, patent infringement cases in China will not be suspended without exception due to invalid procedures. At present, the examination period of patent invalidation request in China is about 5 months. The CNIPA has established a fast processing channel for invalidation cases, giving priority to patent invalidation cases caused by patent infringement disputes, and improving the efficiency of examination in a targeted manner.

The CNIPA also mentioned that the results of administrative confirmation decisions made by administrative organs are highly consistent with the trial results of subsequent patent administrative litigation cases, and the patent invalidation decisions are generally accurate and reliable. According to the data provided by the CNIPA, in 2020, 7,144 patent invalidation cases were concluded, and 913 cases were brought against the patent invalidation decision, accounting for 12.8% of all patent invalidation cases. In 2020, the court concluded 1,546 cases involving invalidation decisions in the first instance, and 1,369 cases for which patent invalidation decisions were upheld in the first instance, accounting for 92.4%.