Category: CNIPA

Using and Misusing Chinese Patent Data

Patent statistics are frequently cited as evidence of China’s growing technological strength, but patent counts by themselves do not address qualitative concerns. Moreover, they often measure much more than innovation alone. They can reflect commercialization strategies, export orientation, government incentives, and differences in patent systems across countries. This article examines how patent data of various kinds can be used to assess China’s competitive position, while also highlighting the limitations of relying on patent counts alone. Drawing on recent U.S.-China filing data, design patent trends, overseas filing behavior, and common measures of patent quality, it argues that patent statistics are most useful when interpreted in context and alongside other indicators of technological and commercial performance.

SAMR’s “Choreography” of  SEP AML Rulemaking

How should one understand the overlapping rules enacted by SAMR on IP, SEPS and antitrust? Is a new wave of legislation under way? Is China planning on ramping up antitrust enforcement in SEPs? What do these legislative experiments portend in terms of China’s commitments to rule of law and the challenges faced by high tech companies – whether implementer or licensor in China?

A Season of CNIPA Rulemaking

Several new rules from China’s State Administration for Market Regulation portend a more active role for administrative enforcement of patents, in both patent linkage and major disputes affecting Chinese national interests. How much due process do these rules afford? Are they compatible with the TRIPS Agreement? Will foreigners be treated fairly? Will the administrative agencies be transparent in their decisions and make their cases publicly available. SAMR’s database of IP cases is also relatively new.
There are a number of open issues.