Authored by: Xu Jing and Zhang Chao
Patent Infringement Finding without Physical Samples – A New Approach on Patent Enforcement Involving Methods Applied in Industrial Equipment – Note on Siemens v. Inovance
The difficulties in evidence production have been a big challenge for right holders in enforcing patent in China, in particular for patents involving industrial equipment. Industrial equipment is characterized by its complexity, significant weight, huge volume, high cost and being sold through limited sales channel, therefore it is extremely difficult for a right holder of a patent involving such industrial equipment to manage to purchase a physical sample and further present the sample to the court. If the patent further claims a method implemented inside the equipment, the difficulties in evidence production for the patent right holder will be even increased.