Jun Bai

Jun Bai practices patent law at Jingshi Law Firm (Wuxi Office) in Wuxi, Jiangsu Province. He earned his LL.B. from Nanjing University and was admitted to the Chinese bar in 2008. With more than 15 years of legal experience, Mr. Bai provides comprehensive patent services including patent prosecution before the China National Intellectual Property Administration, patent litigation in Chinese courts, and strategic intellectual property counseling for technology companies. He works in English and Mandarin, serving both domestic innovators and multinational corporations seeking patent protection and enforcement in China.

Patent Prosecution and Application Strategy

Mr. Bai manages the preparation and prosecution of patent applications for inventions, utility models, and industrial designs before CNIPA. He drafts patent specifications and claims that comply with Chinese patent examination practice and meet the disclosure and enablement standards required by the Patent Law and its implementing regulations. His prosecution experience includes responding to office actions issued by CNIPA examiners, arguing for patentability in the face of prior art rejections, and navigating the examination process through to grant. He advises clients on the strategic choice between invention patents, which provide up to twenty years of protection but require substantive examination before grant, and utility model patents, which grant more quickly after formal examination but carry a shorter ten-year protection term and are subject to different invalidation standards. For design patents, he advises on the visual disclosure requirements and the scope of protection afforded by registered designs. He manages patent portfolios for companies across multiple technology sectors, tracking filing deadlines, responding to examination communications, managing maintenance fee payments, and monitoring the status of each application throughout its lifecycle.

Patent Validity Challenges and Reexamination

Where issued patent rights are challenged, Mr. Bai represents clients in patent invalidation proceedings before CNIPA. He prepares invalidation petitions that identify the legal and factual grounds for challenging patent validity, including lack of novelty in light of prior art, lack of an inventive step based on combinations of prior art references, insufficiency of the patent disclosure to enable a person skilled in the art to practice the invention, and amendments that impermissibly extend beyond the content of the original application. He also defends patent owners against invalidation challenges, preparing responses that demonstrate the validity of the patent claims as granted and distinguishing the prior art cited by the challenger. In patent reexamination proceedings, he represents applicants whose patent applications have been refused by the examining division, presenting written and oral arguments to the Patent Reexamination Board regarding the patentability of the claimed subject matter over the cited prior art.

Patent Infringement Litigation and Enforcement

Mr. Bai represents patent owners and accused infringers in patent infringement lawsuits before Chinese courts, including the specialized intellectual property courts established in major cities. He conducts detailed infringement analysis comparing the accused product or process against the asserted patent claims under the claim construction principles applied by Chinese courts. He advises on pre-litigation strategy, including the use of cease-and-desist letters, court-ordered evidence preservation through seizures of infringing products and financial records, and preliminary injunctions where the patent owner can demonstrate a strong case and irreparable harm. For damages calculations, he develops evidence of the patent owner's actual lost profits attributable to the infringement, the infringer's illegal profits from the infringing activity, or a reasonable royalty based on industry licensing practices. He handles defensive strategies for accused infringers, including invalidity counterclaims filed concurrently with the infringement action, non-infringement arguments based on claim interpretation, and design-around advice to avoid continued liability. His litigation practice extends to appeals before the higher intellectual property courts and, in significant cases, the Supreme People's Court.

Intellectual Property Due Diligence and Transactions

Mr. Bai provides intellectual property due diligence services supporting technology transactions, corporate mergers and acquisitions, and investment transactions involving technology assets. He reviews patent portfolios to assess the validity, enforceability, ownership chain, and remaining term of each patent in the portfolio, as well as the scope of freedom-to-operate that the portfolio provides in the relevant technology space. He drafts and negotiates patent license agreements, technology transfer agreements, patent assignment agreements, and confidentiality agreements that protect the interests of technology owners while facilitating productive commercial partnerships. For technology startups, he advises on building a patent strategy from the ground up, identifying patentable innovations, managing disclosure risks, and building portfolios that enhance the company's valuation for future financing rounds or exit transactions. For multinational corporations, he coordinates Chinese patent filings with the company's global intellectual property strategy to ensure consistent protection across jurisdictions.

Border Enforcement and Administrative Protection

Beyond court litigation, Mr. Bai assists patent owners with administrative enforcement and border protection measures. He coordinates with local intellectual property administrative authorities on complaints against alleged infringers, who can conduct raids, seize infringing goods, and impose administrative penalties. He advises on the customs recordation of patents with the General Administration of Customs, which enables customs officials at ports of entry to proactively detain shipments of suspected infringing goods. For patent owners concerned about counterfeit products entering or leaving China, he provides guidance on the documentation needed for customs seizure applications and the procedures for pursuing administrative or criminal enforcement against counterfeit operations. These enforcement strategies offer patent owners a range of options that can be more cost-effective and faster than full court litigation in cases where the infringing activity is clear and the evidence is readily accessible.

Professional Credentials

Mr. Bai holds lawyer license number 13206201310152284 and is an active member of the Jiangsu Bar Association. He is proficient in English and Mandarin. Initial consultations cover patent strategy assessment, enforcement options, and prosecution needs for clients seeking intellectual property protection in the Chinese market.