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China: A Patent Rise in Innovation? | Legal Language Services

China?s patent office received more patent applications than any other country?s in 2011, according to The Economist. It?s tempting to attribute this upward trend to increased innovation in the Chinese economy; however, there are other contributing factors.

Ten years ago, most patent applications in China were filed by US and European inventors. This is no longer the case: 2011 saw an increasing number of patent applications filed in China by Chinese nationals. What does this increase mean?

The rise in patent applications leads to increased demand for patent translationChina?s Increase in Patent Applicants: A Closer Look

In America and Europe, foreigners lodge approximately half of patent applications filed. In China, patent applications by locals now constitute three-quarters of total applications (see the adjacent chart, from The Economist).

It?s tempting to ascribe this growth in local patent applications to increased innovation by a rising Chinese entrepreneurial class ? however, there are grounds for skepticism.

In China, government subsidies provide significant incentives for people to file patent applications.

Furthermore, Chinese patent offices tend to treat patent applications more leniently ? and approve a greater proportion of overall applications ? than their international counterparts.

Patenting Abroad: A Useful Metric

The UN?s World Intellectual Property Office has recently released figures that suggest the apparent spurt in Chinese innovation may be illusory: Very few Chinese inventors seek to patent their ideas abroad.

Between 2005 and 2009 fewer than 5% of Chinese inventors sought to patent abroad. Compare this with the US, where the figure was 27%, and Europe, where it was more than 40%.

Measuring a patent?s value is fraught with difficulty ? however, genuine inventors tend to seek a patent in multiple markets, because there?s a strong economic incentive to patent genuine innovations. If you?re seeking to file a patent abroad, you can find out more about essential translation requirements here.

Of course, the number of patents filed abroad is an imperfect metric to gauge patent value; however, it stems from an appealing intuition: if an invention is genuinely groundbreaking, with significant commercial application, then inventors will want their technology protected in as many potential markets as possible.

Legal Language Services is also well-equipped to assist with all aspects of international litigation that may arise from patent disputes.


Source: http://www.legallanguage.com/legal-articles/china-patents-innovation/

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