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28 April 2014Patents

Calls for Chinese patent process to be brought up to speed

China’s patent system needs updating in a bid to keep up with a growing demand for international IP protection, and many Chinese businesses are using foreign lawyers when applying for patents overseas, officials say.

Speaking at an IP symposium held by the All-China Patent Attorneys Association, He Hua, deputy director at China’s State Intellectual Property Office (SIPO), said many IP-related services have not been fully developed yet.

"The skyrocketing demand in patent application processing each year shows how big the industry is going to be, and the industry is far from realising its potential," Hua said, according to the Xinhua news agency.

Cheng Xuxin, deputy director of Huawei's IP rights department, said it tended to entrust foreign attorneys or agencies when applying for patents in overseas markets.

Yang Wu, president of the All China Patent Agents Association, also stressed the importance of international exchange, adding that understanding the current global IP structure built by Western countries is crucial for Chinese agencies.

The number of patent applications and demand for legal support in China has increased in recent years due to the government's efforts to improve its IP system.

China has recently announced changes to its trademark laws, passed last year, and has been widely publicising arrests for trademark and copyright infringement.

But the improvement of its IP system also poses a challenge to the country's patent services, the symposium heard.

Chinese companies are paying more attention to international patents, with an awareness of the edge they provide in the global market.

Earlier this year, WIPR reported that China had received 825,000 invention patent applications in 2013, a 26.3 percent increase on the previous year.

According to the World Intellectual Property Organization’s Patent Cooperation Treaty, which provides patent protection in its various member states, China received more than 22,000 applications from business in 2013, a 15 percent increase from the previous year.

However, despite having more than 1,000 patent agencies and more than 8,000 professional practicing patent agents registered under SIPO, only 60 percent of applications were processed through those agencies, a 15 percent drop from ten years ago.

Local agencies' lack of knowledge of the international IP system and legal frameworks in overseas markets has forced some major innovation companies to seek patents on their own, Hua said.

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