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For example, in the former statute, section two of article 11 provides that “after the grant of the patent right for a design, no entity or individual may, without the authorization of the patentee, make or sell the product, incorporating its or his patented design, for production or business purposes.” Section three of the article provides that “after the grant of the patent right, except as otherwise provided for in the law, the patentee has the right to prevent any other person from importing, without its or his authorization, the patented product,” for the uses mentioned in the preceding paragraph. According to statistics of the State Intellectual Property Office of China, about 43.8% to 53.3% of all those patent disputes accepted by all administrative authorities at various levels are concerning protection of design patents. Figure 24 gives the distribution of the said patent cases according to types of patents from 2001 to 2005. A similar distribution could also be seen in judicial cases.
Figure 24. Distribution of patent cases according to types of patents
四、中国发明专利侵权纠纷中，仅约2%的案件属于故意侵权，实用新型、外观设计专利也不超过8%
Deliberate or willful infringement will decrease. According to 2003 statistics of civil cases at the first instance, the percentage of cases involving deliberate or willful infringement is very small. For example, Figure 18 shows that just about 2% of all invention patent infringement cases arise from willful reengineering and technical piracy. In recent years, the overall percentage of cases involving deliberate or willful infringement is decreasing. As more and more Chinese companies have realized the importance of innovation and independent IPRs, deliberate or willful infringement will continue to decrease.
Figure 18. Percentage of cases involving deliberate or willful infringement
五、在中国，发起、参与专利侵权纠纷的成本很低
美国专利诉讼很少，而且由于费用高昂、程序复杂，大约90%以上的案件和解，垃圾专利诉讼生存的空间很小。我国则完全相反，专利诉讼多，费用低廉，程序简单，大部分案件不和解，垃圾专利诉讼生存的空间很大。
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