Our IP Trends Indicator gives you a view into what your IP colleagues are doing to keep up with the changing patent landscape. If you are in private practice, you will find plenty of insight into what your in-house clients are facing, so you can better advise and serve them.
This year’s survey showed that overall patent activity and international filing rates rose in 2016 with over 41% of those polled having filed more than half of their patent applications overseas in 2016 (compared to just 34% filing more than half abroad in 2015). The report also shows an increase in the number of patents filed, as nearly three quarters of respondents filed more than four patents, with 24% filing 50 or more (up from 16% in 2015).
This year’s Indicator also reflects an increase in the number of countries where patents were filed compared to 2015. More than 73% of respondents filed patents in four or more countries (up from 62% filing into four or more in 2015). With the increased volume of countries targeted, patent filings expanded into new markets led by destinations in South America and Asia. The overwhelming majority of those (96%) were filed through the Patent Cooperation Treaty (PCT).
You can view the full report by clicking here.
In recent years, patent filing in China has increased significantly with companies and law firms recognizing the budding potential of the market.
Caroline Chenique and Justin Simpson of RWS presented a webinar hosted by WIPR on October 17th sharing their top tips on patent filings in China. Simpson and Chenique considered different ways that those looking to obtain a patent in China should consider, including the utility model system, as well as a traditional invention patent. A unitary model patent covers the shape or structure of a device, has a ten-year term and does not require substantive examination. There were over 1 million Chinese applications for a utility patent in 2015, compared to just 8,000 foreign-based bids, showing that many prefer this method of obtaining a patent in China.
Simpson said “I think one of the important advantages is that the inventive requirements are lower and as a result of that [the patents] are difficult to invalidate. Chinese applicants have been filing many, and people should think if it is worth filing a utility model patent as well as a technological patent.”
Using enforcement options, including local administrative bodies that have the ability to impose fines and injunctions, is a process that Simpson suggested could be quicker than going through the courts.
Applicants have two opportunities to amend applications, firstly when requesting examination and secondly within three months of receiving notification that examination has started. Chenique emphasized the importance of patent translation issues, stating that a professional patent translator and robust quality control measures are important for successful applications.
A recording of the webinar will be available for the next 12 months, click here to download the slides.
Join RWS and WIPR for a complimentary webinar as we discuss patent filing strategies in China.
As the largest growing consumer market in the world, enforcing your intellectual property (IP) in China has become increasingly critical. In this webinar, we will discuss the ten steps your organization should take when seeking patent protection and help you formulate your commercial IP strategy.
Click here to resister.
Hello everyone! Our friends at AFD China recently released their most recent newsletter. Please see below for highlights:
- SIPO of China announced that the Patent Prosecution Highway Pilot Program (PPH) between SIPO and UKIPO, IPO and PRV formally began on July 1, 2014. These program will run for 2 years, ending on June 30, 2016.
- The State Intellectual Property Office (SIPO) has partnered with the China Council for the Promotion of International Trade to lend its expertise to Chinese companies. They will work together on 13 issues, including IP exchanges with foreign countries and managing IP training programs.
- Administrative departments in China dealt with almost 40,000 cases of infringement and counterfeiting from January – April 2014.
- The Central Reform Leading Group held its third meeting and discussed the hierarchy of China’s IP courts. It was decided that to achieve consistency of the judgement on IP cases, three intermediate-level intellectual property courts will be set up in Beijing, Shanghai and Guangdong.
- On July 10th, the opening ceremony of the WIPO agency was held in Beijing. This is the fifth of its kind to be opened worldwide, after offices in the United States, Japan, Brazil and Singapore.
Thanks again to our colleagues at AFD China for issuing this very informative newsletter. For more updates relating to foreign patent filing, please follow us on Twitter @inoviaIP!