China to ‘speed up’ patent process and boost green technology sector
Streamlining plans come under revised Patent Law rules, taking effect on Saturday | CNIPA to focus on industries including big data and AI to strengthen IP protection.
China is taking steps to speed up its patent review process with a focus on boosting new and emerging industries such as big data, artificial intelligence (AI), and green technology.
State-owned China Daily reported yesterday (January 17) that faster patent reviews were part of the revised Rules for the Implementation of the Patent Law, due to take effect on Saturday (January 20).
The amendments are reported to be part of China’s effort to create a “rule-of-law” environment for innovation, and bring the nation closer to international standards.
Last year the average time spent reviewing an invention patent in China was 16 months, down from 16.5 months in 2022, according to China’s National Intellectual Property Administration (CNIPA).
As well as streamlining the process, the CNIPA will focus on providing certain areas of innovation with support to secure IP rights and strengthen patent protection.
Wei Baozhi, a CNIPA official, said: “We’ll optimise the review standards in new fields and emerging businesses, such as in big data, artificial intelligence and gene technology, in line with the revised rules, and greater efforts will be made to speed up patent examinations.”
‘Rapid growth’ industries
There will also be an emphasis on helping companies involved in green and low-carbon technologies apply for patents, the administration said.
According to Shen Changyu, the head of the CNIPA, the value of China’s exports of electric vehicles in the first 11 months of last year was 269.3 billion yuan ($37.6 billion).
Solar cell exports were valued at 289 billion yuan, with China totalling 126,400 global patent applications in the field—more than any other nation, said China Daily.
“Behind the rapid growth of the industries, there is strong support for numerous patent technologies,” said Shen.
Also as part of the revised rules—which include the addition of 30 provisions—an “early settlement system” has been set up to resolve patent disputes involving drugs in the early stages of development, CNIPA official Zhang Zhicheng explained.
This was done via an adjudication board which had handled 167 cases by the end of November last year, with the average time taken to resolve a case at 168 days—the revised rules stipulate a nine-month timeframe for resolution.
Zhang said the system would “help reduce the risk of patent infringement in the pharmaceutical field and further safeguard public health”.
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