Considerations on Prohibiting Dual Representation in Patent Invalidation Procedures

WISECODE Take

The discussion on prohibiting dual representation in patent invalidation procedures, as reported by China Intellectual Property News, essentially targets conflict of interest among IP agencies. Companies often mistakenly assume hiring the same firm for both patent prosecution and invalidation saves costs, ignoring the legal risks of opposing interests. This discussion reflects China's strict ethical standards for representatives in patent invalidation proceedings. If an agency simultaneously represents both the patentee and the petitioner, it directly compromises the validity of the proceedings. For Taiwanese enterprises expanding in China, dual representation creates procedural flaws and trade secret risks, while businesses without cross-border patent disputes remain unaffected. Wisdom Code's patent portfolio checkup service helps enterprises evaluate cross-border agency engagement risks. To mitigate such risks, businesses can take two actions: first, require a conflict-of-interest statement before engaging Chinese agencies; second, separate patent application and invalidation defense between different law firms. When selecting an agency, firm size does not equal security; enforcing strict conflict-of-interest checks is the real key to protecting patent value.