When does it make sense to seek patent protection in China? 

Our experience supporting 4 patent litigations in China since 2006 suggests that, even in clear cases of infringement, foreign patent owners should tread very carefully.

And apparently our experiences are not unique.  In an article titled "Intellectual Property In China: Lots Of Theft, But Hopeful Signs", which was posted on March 26 on the website of  Investor's Business Daily, Todd Dickinson, a former undersecretary of commerce for IP, now executive director of the 16,000-member American Intellectual Property Law Association in Arlington, Va, was quoted as saying "From the enforcement side, the common wisdom is that IP enforcement still lags significantly in China".

The article reports that "U.S. tech, drug, entertainment and other companies lose billions annually from IP thefts by Chinese firms, Commerce Secretary Gary Locke said during a visit to Beijing in October."

Yet according to Dickinson "It's an evolutionary process, and there are positive signs on the horizon".

For example, the article reports that "The State Intellectual Property Office in February said it was stepping up efforts to raise public awareness of IP rights. It says it's also strengthening patent rules."

Also, "In February, a Beijing court awarded Strix, a British maker of sensors and electrical controllers, $1.3 million in damages and issued an injunction against the Chinese defendants.  Strix had sued several local firms for patent infringement on its sensors that automatically shut off a water kettle when it boils. Strix has a 70% share of that global market."

Ask us what we've learned.