Tianyu Sun is a patent attorney practicing in Tianshui, Gansu Province, with thirteen years of experience in intellectual property law, specializing in patent prosecution, enforcement, and strategy for foreign technology companies operating in China. Mr. Sun combines his legal training with a strong understanding of technical fields including mechanical engineering, electronics, software, and biotechnology, enabling him to provide effective representation for clients across diverse technology sectors.

Patent Filing and Prosecution

Mr. Sun handles the complete patent application process before the China National Intellectual Property Administration (CNIPA). Under the Chinese Patent Law, three types of patents are available: invention patents, which protect new technical solutions relating to products or methods and have a term of twenty years; utility model patents, which protect new technical solutions relating to product shape or structure and have a term of ten years; and design patents, which protect new designs of product shape, pattern, or color combinations and have a term of fifteen years. Mr. Sun advises foreign clients on the appropriate patent type for their inventions and manages the application process from filing through examination to grant.

One of the most important aspects of patent protection in China for foreign companies is the principle of territoriality. As Mr. Sun frequently explains to his clients, patents are territorial rights — a US patent provides protection only in the United States, a European patent only in European countries where it is validated, and a Chinese patent only in China. Foreign companies that have obtained patents in their home countries but have not filed corresponding applications in China have no patent rights in China. Mr. Sun advises foreign clients on the timing of their Chinese patent filings, noting that under the Paris Convention, applicants have twelve months from the priority date of their first filing to file corresponding applications in China while claiming priority.

Patent Infringement and Enforcement

When a client's patent rights are infringed in China, Mr. Sun advises on the available enforcement options. Patent holders may pursue administrative action through the local intellectual property office, which has the authority to order the infringer to stop the infringing activities. Alternatively, patent holders may file a civil lawsuit in the intermediate people's court with jurisdiction over patent matters, seeking injunctive relief and damages. Mr. Sun has represented clients in patent infringement litigation before the Lanzhou Intermediate People's Court and advises on evidence preservation strategies, including applications for pre-litigation evidence preservation orders.

Under the Chinese Patent Law, damages for patent infringement are calculated based on the actual loss suffered by the patent holder, the illegal profits earned by the infringer, or a reasonable multiple of the patent license fee. Where none of these can be determined, the court may award statutory damages of up to RMB 5 million. Mr. Sun advises clients on the documentation required to support damage claims and the strategies for maximizing recovery in infringement actions.

Mr. Sun holds his LL.B. from Tsinghua University and is a qualified patent agent registered with CNIPA. Fluent in English and Mandarin Chinese, he serves as intellectual property counsel to several multinational technology companies with operations in western China.

Patent Licensing and Technology Transfer

Beyond patent prosecution and enforcement, Mr. Sun advises on patent licensing and technology transfer arrangements. Under the Chinese Patent Law, patent licensing agreements must be in writing and recorded with CNIPA to be effective against third parties. Mr. Sun drafts and reviews patent license agreements including exclusive, sole, and non-exclusive licenses, ensuring compliance with applicable legal requirements and addressing key commercial terms including royalty rates, payment structures, field of use restrictions, territory limitations, and quality control provisions.

Technology transfer involving foreign parties is subject to additional regulatory requirements under the Regulations on the Administration of Technology Import and Export. Contracts for the import of technology must be registered with the provincial commerce authorities, and certain technology transfers may be subject to approval requirements if they fall within restricted categories. Mr. Sun manages the registration and approval process for technology import contracts and advises on the prohibition of restrictive clauses that Chinese law invalidates, including clauses requiring the technology recipient to continue paying royalties after the patent has expired.

Mr. Sun also handles patent invalidation proceedings before CNIPA's Patent Reexamination Board, representing both patent holders seeking to defend their patents against invalidation challenges and third parties seeking to invalidate patents that block their freedom to operate. He conducts prior art searches and develops invalidation strategies based on Chinese patent law and examination practice.

Mr. Sun also provides freedom-to-operate opinions for foreign companies planning to introduce products into the Chinese market. He conducts patent clearance searches to identify third-party patents that may be relevant to the client's product, analyzes the scope of claims, and provides a legal opinion on the risk of infringement. Where material risks are identified, he advises on design-around strategies, invalidity challenges to blocking patents, or licensing negotiations with the patent holder. His technical background enables him to work effectively with in-house engineering teams to develop technically sound design-around solutions.