【GE CHENG News】Current states, challenges and coping strategies for overseas IP disputes in China's NEV industry
2025-07-16
1. New challenges and trends in the NEV industry under the "Dual Battlegrounds" of the U.S. and Europe
A report titled "2024 Survey on Chinese Enterprises' Overseas Intellectual Property Disputes" released by the China Intellectual Property Society on June 4, 2025, reveals a 350% year-on-year growth in newly filed patent lawsuits against China’s NEV industry in the U.S., and the technologies primarily involved in the disputes were the "three-electric" systems (battery, motor, and electronic control) with battery technology patents accounting for the largest share (45%), particularly in the fields of solid-state battery and fast charging technology, followed by disputes of motor and electronic control system, accounting for about 25%. The patent lawsuits filed by the plaintiff and the filing of Section 337 both targeted core lithium battery technologies. These data reflect the focal points of technological competition in the NEV industry and underscore the severe challenges faced by Chinese NEV power battery manufacturers in the global supply chain.
The Unified Patent Court (UPC) in Europe has emerged as a new battlefield, with Chinese enterprises frequently involved in disputes over battery management systems and motor technologies. Particularly, CATL's victory in a German lawsuit set a precedent for Chinese companies to defend their rights with European judicial system.
2. 47% Valid patents warning: Chinese automakers’ overseas defense systems to be fixed
According to "2025 China Automobile Overseas Intellectual Property Protection Research Report", over 75% of global automotive patent lawsuits in the past decade occurred in the U.S. and Europe, with China now ranking as the third-largest jurisdiction for such disputes. Currently, infringement claims take the lead of global automotive litigation, accounting for 88.17% of cases. Though foreign automakers are highly active in litigation, they mostly appear as defendants. China’s weak IP management in domestic supply chain may lead to the component infringement risks spreading into overseas markets, coupled with insufficient overseas litigation experience abroad, causing double pressures.
A significant gap exists in patent deployment efficiency between Chinese and foreign firms. Over half of Chinese automakers’ PCT applications fail to be granted, with only 47% of overseas patents remaining valid. According to statistics, among the top 100 global patent companies covering a couple of regions such as the United States, Europe, and Japan, 57% of their patents are valid overseas, with 72.3% of PCT applications entering designated countries. However, the layout of Chinese companies is highly concentrated, with nearly half of PCT applications failing to enter target markets, resulting in insufficient defensive patent reserves in core markets of Europe and the United States, and the gap in technological discourse power continues to widen, further widening the technological influence gap.
From AutoIP
June 6th, 2025