Nuno Henriques’ Post

"The call came as Beijing grapples with enhancing the industrial utilisation of its hi-tech sector to provide a new avenue of growth amid waning economic momentum and continued efforts to fend off an escalating tech war with the United States." Okay.... "The commentary followed Beijing’s issuance of comprehensive guidelines on patent stock inventory for universities and research institutions, which asked for accumulated patents to be uncovered by the end of the year for evaluation by companies. The guidelines asked research institutions to identify patents with greater potential for market demand, higher economic value and aligned with the needs of key industries, and put them into a database managed by the China National Intellectual Property Administration, according to the document released last week." What is this going to do? The problem is that the 'source' material is not up to scratch. "“Universities and research institutes have faced a long-standing challenge with the low application rate of patents, both because they tend to produce abundant results with limited precision that can meet industrial needs, accompanied by inadequate channels for transforming patents into market-ready applications,” the report said." Right there in para 3. So what they have is already what they have, there is not more. "“Adjusting incentives to meet market applications can help alleviate such gaps, but Beijing also needs to implement broader reforms for universities such as re-evaluating the way professors are assessed on their publication output,” said Peng Peng, executive chairman of the Guangdong Society of Reform. “In China, there is a long-standing mismatch between the priorities of university researchers and companies regarding patents, as researchers prioritise publishing papers to secure revenue and higher positions, while companies prioritise patent utilisation in the industry to maximise profits. “This [means] China has the world’s largest number of patent applications, but very few can be translated to the market.”" Flogging a dead horse - is the CCP's second most busy task. The first? Coming up with slogans and making pledges to take action, but never taking action.

China's commitment to promoting patent industrialization in universities and research institutions took a significant step forward with the announcement from the China National Intellectual Property Administration (CNIPA). According to a senior CNIPA official, Wang Peizhang, a comprehensive work plan has been initiated to accelerate this process. By the end of 2024, universities and research institutes across the nation will conduct comprehensive assessments of their patent portfolios to identify underutilized assets. The goal is to actively commercialize a selection of high-value patents in various industries by the end of 2025. Wang Peizhang, a senior official at CNIPA, highlighted the substantial number of patents held by these institutions, with universities alone possessing 794,000 patents, complemented by an additional 229,000 patents in research institutes. Despite this wealth of intellectual property, many patents remain dormant or underused. To address this issue, CNIPA is collaborating with multiple government departments to facilitate the transition of patents into commercial applications. This includes partnering with enterprises to explore opportunities for utilizing patents in various industries. Moreover, efforts will be made to provide training and financial support to patent holders, ensuring they have the necessary resources to bring their innovations to market. This initiative reflects China's commitment to fostering innovation and technological advancement. By unlocking the potential of patents held by universities and research institutions, China aims to stimulate economic growth, drive technological progress, and strengthen its position as a global leader in innovation. If you have any inquiries regarding intellectual property matters, please don’t hesitate to contact us at [email protected]. #China #IntellectualProperty #Patent #SOIP

KEY POINTS: UNDERSTANDING THE DIFFERENCES BETWEEN INVENTION PATENTS AND UTILITY MODEL PATENTS IN CHINA Subject Matter: Invention Patents: Broad coverage including novel products, innovative methods, new compositions of matter, and significant software-based inventions. Suited for industries requiring extensive R&D. Utility Model Patents: Limited to tangible product improvements in shape, structure, and combination. Ideal for consumer goods and machinery, focusing on incremental improvements. Examination Process: Invention Patents: Undergo a rigorous substantive examination by the China National Intellectual Property Administration (CNIPA), assessing novelty, inventiveness, and utility. Utility Model Patents: Subject only to a preliminary examination checking formal requirements; faster but less thorough, with the possibility of post-issuance challenges. Time to Grant: Invention Patents: Typically 1.5 to 3 years, influenced by the complexity of the invention and CNIPA’s capacity. Utility Model Patents: Generally 4 to 12 months, benefiting from a simplified examination process. Term of Protection: Invention Patents: 20 years from the filing date, offering long-term security and exclusivity beneficial for heavy R&D sectors. Utility Model Patents: 10 years from the filing date, suitable for industries with rapid product evolution. Enforceability: Utility Model Patents: Require a validity evaluation from CNIPA before enforcement, ensuring defensibility. Invention Patents: Considered stronger due to the detailed examination process, potentially leading to higher damages in litigation. Read the full article here: https://lnkd.in/dQEAYtxN #ChinaInventionPatents #ChinaUtilityModels #ChinaIPProtection #ChinaTechInnovation #ChinaPatentLaw

According to a recent report released by the China National Intellectual Property Administration (CNIPA), the industrialization rate of invention patents in China saw further improvement last year. In 2023, the industrialization rate of invention patents reached 39.6%, marking a 2.9 percentage point increase from the previous year and maintaining a steady growth trend for five consecutive years. The industrialization rate of invention patents by enterprises also rose to 51.3%, up 3.2 percentage points from the previous year. Different categories of enterprises showed varying rates of industrialization, with large enterprises accounting for 51%, medium-sized enterprises at 57.9%, small and medium-sized enterprises at 53.9%, and micro-enterprises at 33.8%, all showing increases from the previous year. The industry-university research cooperation model effectively increased the industrialization rate of invention patents. On average, the profit from invention patents granted through this model reached 10.33 million yuan (approx. USD1.43 million) per each, 24.5% higher than the industrialization rate of invention patents granted by enterprises, which reached 8.3 million yuan (approx. USD1.13 million) in 2023. Moreover, intellectual property protection in China has shown continuous improvement. 6.7% of Chinese patent holders experienced patent infringement in 2023, a decrease of 1.0 percentage points from the previous year. If you have any inquiries regarding intellectual property matters, please don’t hesitate to contact us at [email protected]. #China #IntellectualProperty #SOIP

#CNIPA to promote patent industrialization in universities and research institutions   The China National Intellectual Property Administration(CNIPA), together with relevant departments, has jointly formulated a work plan to promote patent industrialization in universities and research institutions, according to news released on Tuesday at a regular press conference. Wang Peizhang, a senior CNIPA official, said that there is a wide existence of dormant patents in Chinese universities and research institutions currently. As of the end of 2023, the number of valid invention patents owned by domestic universities and research institutions reached 794,000 and 229,000 respectively, accounting for a quarter of the total patents in China. There is an urgent need to promote the industrialization of these patents. Photo: web For more: https://lnkd.in/gDbbD2e4

Dear Researchers, Level Up Indian Innovation: Unleashing the Power of PCT! (International Patent Filling)🇮🇳 Did you know India joined the Patent Cooperation Treaty (PCT) in 1998? While this may seem like a later entry compared to countries like the US (1978) , Russia (1978) , Japan (1978) , UK (1978) Germany (1978) Korea (1986) or China (1994), India has been remarkably adept at closing the gap. The PCT streamlines international patent applications, allowing Indian researchers to efficiently secure protection for their inventions globally. This paves the way for: • Reach global markets faster and protect your intellectual property (IP) internationally. • Foster a culture of innovation by leveraging the PCT for strategic patenting. • Facilitate collaboration with foreign researchers and companies under the PCT framework. The Time for Indian Innovation is Now! While China may have had a head start, India's rapid growth and talented researchers position the country perfectly to become a global innovation leader. Embrace the PCT and explore its potential to protect your groundbreaking ideas on a global scale. Let's continue fostering a supportive environment that encourages innovation and PCT utilization. Together, let's bridge the gap and propel India to the forefront of global innovation! #InnovateForIndia #PCTFiling #WIPO #UnitedNations World Intellectual Property Organization – WIPO United Nations Indian Patent Office Consider sharing this post with your network of Indian researchers and innovators to spread awareness about the power of PCT! Date on Which State Became Bound by the PCT United States of America, 24 January 1978 Russian Federation March 1978 Japan1 October 1978 United Kingdom January 1978 Germany 4 January 1978 Republic of Korea August 1984 China, 1 January 1994 India 7 December 1998 Source : https://lnkd.in/gzwuBJHF Author Manish Sharma , School of Liberal and Creative Arts , Lovely Professional University

FAQ on Patent Protection in China 6.    Can the same technical solution be applied for both an invention patent and a utility model patent simultaneously in China? What are the advantages of applying for both an invention patent and a utility model patent for the same technical solution? In China, a technical solution that meets the requirements for a utility model application can simultaneously apply for both an invention patent and a utility model patent. It is important to note that the applications must be submitted to the China National Intellectual Property Administration (CNIPA) on the same day. Applying for both an invention patent and a utility model patent for the same technical solution can often lead to the utility model patent being granted earlier, allowing for timely protection of rights. Once the invention patent is approved, it provides longer-term protection and higher value. Additionally, some technical solutions may not meet the innovation requirements for an invention patent but can be granted a utility model patent. If only an invention patent is applied for, the invention patent will be published first and then undergo substantive examination. If the conditions are not met, the technical solution of the invention patent will be disclosed without achieving protection. However, if a utility model patent is applied for simultaneously with the invention patent, there is a possibility that the utility model patent may meet the authorization requirements, allowing for technical protection through the utility model patent. #invention #UtilityModel #Design #CNIPA

The official Chinese state news agency XInhua News Agency is reporting a decline in the number of patent applications coming from China, but an increase in the quality. This is a long overdue focus on quality, as anyone who has tried to follow patent filings in China will know - many applications are never granted and comparatively few are filed internationally outside of China. According to World Intellectual Property Organization – WIPO, in 2023 China remained the top source with 69,610 international patent filings, slipping 0.6 percent from a year earlier, the first drop since 2002. It attributes this shift within the IP sector from expanding in scale to focusing more on quality and high value, thereby enhancing genuine Chinese innovation. Xinhua reports that China's contribution to global IP extends to cutting-edge sectors. like #quantum technology, #artificialintelligence, and 5G telecoms. A recent study by the German think-tank Bertelsmann Stiftung showcased China's leadership in green technologies, with a surge in top-tier patents, positioning the country as a key global player also in this domain. https://lnkd.in/e3MrVyhQ

It is both encouraging and motivating to witness the widespread innovation occurring throughout India. This wave of creativity and the drive to protect these innovations have permeated every region of the country. Nagaland University stands out among the universities, significantly boosting its innovation index by filing numerous patents. The increased awareness and motivation to innovate and safeguard these innovations among educational institutions, teachers, professors, and students can be attributed to extensive awareness programs conducted by the Patent Office and patent professionals, as well as government initiatives and benefits designed to promote innovation in educational institutions. #nagalanduniversity #patent #patents #indianpatentoffice #patentoffice

China Expedites Patent Approvals, Prioritizes Scrutiny to Drive Industrial Growth China's patent landscape is undergoing a significant shift. The nation, already a leader in global patent applications, is reportedly expediting the approval process while simultaneously increasing scrutiny. This two-pronged approach aims to accelerate innovation and ensure patents directly benefit key industries. China has consistently ranked first in the world for patent applications in recent years. This focus on intellectual property reflects the country's ambition to become a global innovation hub. However, concerns have lingered about the quality and relevance of some patents. The reported streamlining of the application process suggests China is looking to bridge the gap between invention and commercialization. Faster approvals could incentivize companies and researchers to pursue new ideas, potentially leading to a surge in innovation. However, the increased scrutiny emphasizes China's desire for quality over quantity. By carefully examining patent applications, authorities aim to ensure they contribute meaningfully to the development of crucial industries. This focus could prioritize patents in areas like artificial intelligence, biotechnology, and green technology, sectors deemed critical for China's future economic growth. The ramifications of this policy shift are yet to be fully understood. While faster approvals could bolster innovation, a potential downside might be a backlog of unexamined applications. Additionally, stricter scrutiny might discourage some inventors, particularly those with less commercially viable ideas. China's approach to patent applications will be closely monitored by the international community. If successful, it could serve as a model for other nations seeking to balance the need for innovation with economic development goals. However, challenges remain in ensuring a streamlined yet thorough patent approval process. #china #intellectualproperty #monitored #model #ipr #Oohripr #international #patents Website:https://myoohripr.com/