The Patent system intends to spur innovation by providing an exclusive right to inventors for 20 years in exchange for making their inventions known through publication. Robust and efficient protection of Patents is key to assuring that this system can be maintained, thereby benefiting right holders, researchers, and the economy as a whole.
Since 2017, IP Key China has carried out a comprehensive set of activities to address concerns that the EU interested stakeholders face in China’s patent landscape. These have covered prosecution and enforcement of invention patents and utility models:
- Mission to the EU on the Reform of China’s Patent and Copyright laws with the Legislative Affairs Commission (LAC), Standing Committee of the National People’s Congress of the PRC (May 2018, Europe: Madrid Spain, Prague Czech, Rome Italy)
- Roving Seminar on China’s Patent System with China National Intellectual Property Administration (CNIPA) (September 2018, Europe: Amsterdam Holland, Milan Italy, Vienna Austria)
- Seminar on the Latest Developments in the Field of Patents in EU and China with CNIPA (May 2022, Online)
- Knowledge Exchanges on Patent Trials with China’s Supreme People’s Court (SPC) (May 2019, Europe: Paris France, Luxembourg, Munich Germany)
- Knowledge Exchanges on the Draft Revision of the Chinese Patent Law with LAC (September 2019, Europe: Brussels Belgium, Munich Germany, Copenhagen Denmark)
- Studies on China’s Patent System (2021-2022)
The patent studies are composed of three parts: the bad-faith patent application, the patent invalidation system, and the utility model patent system in China. The first part centers on how bad faith patent applications are established and combated in China. The second part analyses the current patent invalidation system in China. The last part focuses on comparing current utility model systems in China and three selected EU countries: Germany, France and Italy.
IP Key China will deliver a whole package of activities for the EU innovators and right holders in the Chinese market, setting patent enforcement as a priority. This is done with a view to safeguard innovations and creations whilst enabling sufficient exchange in the field of patents between the EU and China.
Note: As a reminder, the Patent system in China covers Invention Patents (Patents as we know them in the EU), Utility Models and Design Patents. This package mostly covers the former two whilst Designs will be covered separately.
For further information on the project or general questions about the EU-China cooperation on patents, please contact IPKEY-CN@euipo.europa.eu.