Category: Utility Model

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.

Reforms to China’s Patent Injunction Practice in a Domestic Comparative Perspective

Injunctions in Chinese patent are deeply rooted in Chinese IP civil and administrative practice. Due to the complex nature of China’s legal system, any analysis of the need for reforms to China’s patent litigation system should also take into account the nature of China’s civil patent system, the availability of injunctive-type relief from its administrative system, the potential impact of such reform on other civil remedies., as well as the potential impact on foreign litigants.