What is the percentage of patent judgments appealed to the Court of Appeals?
In China, settlements and withdrawals, adjudicated by trial courts, are consented to by the parties, thus parties normally do not appeal. Only judgements are appealed. About 30% of judgements are appealed. What is the percentage of patent cases reversed in the Court of Appeals on validity? About 20% to 30%. What is the percentage of patent cases reversed in the Court of Appeals on infringement? About 20% to 30%. What is the cost of appeal of a patent decision? Same as a trial. Court fees depend on the damages claimed according to a formula specified by law, somewhat like U.S. income tax rate. Attorneys’ fees are negotiated by the parties based on amount of damages, and normally are 10% to 15%. How many petitions are made to the Supreme People’s Court regarding patent cases each year? Very few IP cases are petitioned to the Supreme People’s High Court each year, so patent cases are even fewer. How many patent cases are heard by the Supreme People’s Court in China? None as a first instan
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