II. Patent Protection
With the establishment of the China Patent Office in 1980, China's patent
work has developed continuously over 25 years. In April 1, 1985, the "Patent Law
of the People's Republic of China" went into effect. Following that, China
promulgated several patent-related laws and regulations, such as the "Rules for
the Implementation of the Patent Law," "Regulations on Patent Commissioning,"
"Procedures for the Administrative Enforcement of Laws Concerning Patents," and
"Regulations on the Implementation of Customs Protection of Patent Rights."
China has twice made revisions to the "Patent Law" in the light of the
requirements of social and economic development so as to enable it to improve
continuously.
By mainly relying on its own resources, China has established a relatively
complete and independent patent examination system in a short period of time. On
January 1, 1994, China became a member state of the "Patent Cooperation Treaty."
The China Patent Office is China's agency dealing with cases involving the
Patent Cooperation Treaty, performing international patent searches and
preliminary examinations. Meanwhile, China has established a fairly
comprehensive system for patent work. Relevant departments of the State Council
and local governments have established patent administrative organs in
accordance with the provisions of the "Patent Law." China now has more than
5,000 people working in patent agencies, and a service system mainly providing
patent commissioning, patent information, patent technology transfer
intermediary and patent technology evaluation services has taken initial
shape.
China's patent work has realized leapfrogging development. From
April 1, 1985 to the end of 2004, the State Intellectual Property Office handled
2,284,925 patent applications with an average annual increase of 18.9 percent.
Of these, 1,874,358 were domestic applications, and 410,567 came from other
countries, accounting for 82 and 18 percent, respectively. Patent applications
in China had exceeded two million by March 17, 2004. It took China 15 years for
patent applications to reach one million. But it took only four years for the
number to double. In 2004, the State Intellectual Property Office handled
353,807 applications, an increase of 14.7 percent over the previous year, which
saw 308,487 applications. Of these, 278,943 were domestic applications,
accounting for 78.8 percent of the total and an increase of 11 percent over the
previous year, which saw 251,238 applications. Foreign applications numbered
74,864, accounting for 21.2 percent of the total and an increase of 30.8 percent
over the previous year, which saw 57,249 applications. From 1994 to 2004, the
State Intellectual Property Office handled, in total, 7,131 international
applications for patent rights, of which 1,592 such applications were handled in
2004. International patent applications that entered China via the channel of
the Patent Cooperation Treaty totaled 157,770. Of these, 32,438 applications
were submitted in 2004.
By the end of 2004, the State Intellectual Property Office had approved
1,255,499 patents. Of these, 1,093,268 were domestic ones, and 162,231 were from
other countries, accounting for 87.1 and 12.9 percent of the total number of
approved patents, respectively. The numbers of invention patents, utility model
patents and exterior design patents that had been approved were 185,412, 651,224
and 418,863, accounting for 14.8, 51.9 and 33.3 percent respectively. In 2004,
the State Intellectual Property Office approved 190,238 patents, an increase of
4.4 percent over the previous year, which had 182,226. It approved 151,328
domestic patents, an increase of 1.2 percent, compared with 149,588 in the
previous year. At the same time, it approved 38,910 foreign patents, an increase
of 19.2 percent over the previous year, which saw 32,638.
The "Regulations on the Protection of Layout Design of Integrated Circuits"
went into effect in China on October 1, 2001. By the end of 2004, the State
Intellectual Property Office had received 682 applications for the registration
of layout design of integrated circuits. It registered 571 of them, and issued
related public notices as well as certificates to the applicants. In 2004 alone,
the State Intellectual Property Office received 244 applications for the
registration of layout design of integrated circuits. It registered 205 of them,
and issued related public notices as well as certificates to the applicants.
In recent years, patent administration departments at
all levels have strengthened administrative enforcement of the law in this
respect. In particular, they have launched crackdowns on infringements of patent
rights of food and medicines, which are closely connected with people's health
and lives. They have made great efforts to investigate and deal with cases that
infringe upon the patent rights of key technologies and cases that had
widespread repercussions. They have also conscientiously investigated and dealt
with infringements and counterfeits of patent rights of inventions, utility
models and exterior designs. Following the State Council's unified plan, in
August 2004, the State Intellectual Property Office issued the "Work Program on
Strengthening Enforcement of the Laws on Intellectual Property Rights and
Launching a Special Law Enforcement Campaign." All subsidiary departments under
the State Intellectual Property Office were mobilized to participate in the
campaign. By the end of that year, local intellectual property offices had
checked 10,251 industrial venues and examined 2,081,537 commodity items. By the
end of 2004, local patent administration departments across the country had
accepted 12,058 cases involving patent infringement and patent disputes, and
10,411 of the cases, or 86.3 percent, were resolved. In 2004, local patent
administration departments accepted 1,455 cases involving patent disputes, and
1,215 of them were resolved. They also dealt with 3,965 cases of patent
counterfeits, and 358 cases of unauthorized use of others' patents.
