Law firm founder warns of patent ‘over-optimism’

Welcome to the latest instalment of Managing IP’s ‘Five minutes with’ series, where we learn more about intellectual property practitioners, or those working in the IP profession, on a personal and professional level. This time, we meet Xia Zheng, founder of AFD China.

I am an IP attorney, providing professional services to assist IP owners in obtaining and protecting their IP rights.

As an IP expert and also as a national IP talent recognised by the CNIPA, I combine over thirty years of experience in the IP field with our entire AFD team, and we take pride in providing high-quality and timely IP services, both legal and non-legal, to IP owners.

My work can broadly be divided into three areas: case-related matters, company governance, and client service maintenance and business development.

I usually focus first on urgent case-related matters. This includes discussing case details with our patent litigation and legal teams and providing clients with solutions and strategies for complex cases. I serve as an internal resource whom team members can consult when encountering complex problems.

Regarding company governance, I actively collaborate with our firm’s president, responsible officers, and directors to provide suggestions for optimising governance, coordination and management. I help define overall work directions and standards, offer advice on methodologies and thinking, and formulate plans for BD and training.

I also actively support our client care and BD team. Our team closely monitors client feedback on our services and develops client service maintenance plans and BD strategies.

Teamwork is the cornerstone of our success. By working closely together, we fully leverage collective resources and strengths to compensate for individual limitations, thereby supporting our clients' innovation and growth.

My focus is on enhancing our firm's performance in international markets by building and training our BD and client care teams, and by formalising standardised procedures to ensure we consistently deliver a better service experience, thereby strengthening client satisfaction and trust.

I prioritise single-tasking for quality and efficiency, but can immediately reprioritise when urgent needs arise. For concurrent tasks, I delegate them to the relevant team members.

I’m motivated by tackling complex cases that demand deep legal and technical analysis to find novel solutions. We persistently explore new approaches to solve complex challenges and protect our clients' interests. This drives significant growth for me and our team.

The most stressful aspect comes from external factors like economic climate or market shifts that impact our clients' businesses and, consequently, our practice.

A successful IP professional combines deep expertise and a technical grounding with a genuine passion for the field, a commitment to excellence, and a rigorous, principled approach to the law.

One major misconception is underestimating the importance of collecting evidence of infringement. Some rights owners rush to file lawsuits even when they lack sufficient evidence, yet are unwilling to spend time and money beforehand to collect sufficient evidence of infringement and damages.

Another is over-optimism about the market potential of a patented technology. Some patentees had truly valuable technologies, but held overly high expectations that companies would naturally be interested in their technologies and that commercialisation would follow easily. They missed timely collaboration opportunities, and their patents eventually expired without ever reaching the market.

A third misconception is underestimating the cost of enforcing IP. Many are unprepared for the expenses involved in evidence collection and legal services, only realising the financial burden when they are already facing infringement and seeking protection, and thus some rights owners choose to give up on protecting their rights.

Another frequent misunderstanding relates to the inventiveness requirement for patents. Some assume that simply because their technology is new to the market, it automatically deserves patent protection, overlooking the substantive criteria for inventiveness.

Furthermore, some underestimate the need for trademark protection in China's dynamic market. Global brands should proactively consider IP protection in China to prevent squatting, imitation, or other forms of infringement. Similar situations exist with patents.

Lastly, a further common misunderstanding involves the stability of IP rights. For instance, when a defendant requests to invalidate a patent after an infringement lawsuit is filed, or when a granted patent is challenged for invalidation, some rights owners become discouraged and fail to mount a robust defence, as if the case were already lost.

Driven by the sense of duty, trust and understanding from family and colleagues, and our clients’ trust in both AFD China and me personally, I am committed to protecting clients' rights and contributing to AFD China’s growth.

I am also deeply grateful to my colleagues, many of whom have been with the company for over a decade. I strive to live up to their expectations and honour their dedication.

I might continue exploring the meaning of life, perhaps in fields like life sciences, traditional Chinese medicine, or other healing practices. I hope to benefit society with my knowledge and effort.

I would tell my younger self to ease the pressure a little, to strive for excellence, but also to reserve more time for my family.

Stay fully focused on the present moment. Be diligent. Be dedicated.