Reporter Xia Xutian intern Wang Zhaozhuo from Beijing
In terms of international patent applications, China has achieved a very brilliant transcript.
According to a report released by the World Intellectual Property Organization (WIPO) in recent days, in 2016, the number of PCT international patent applications from China reached more than 43.100 pieces, an increase of 45% over the previous year. The organization predicts that, in terms of the number of applications, it is currently ranked. The third China is expected to surpass Japan and the United States in two years and leap to the top of the world.
With the increase of R&D investment in China, the advancement of the reform of the distribution of intellectual property rights, and the acceleration of Chinese companies' international growth, China has great potential for growth in international patent applications. At the same time, ICT has become the main battlefield for global patent competition, and China has considerable advantages in this regard.
However, China’s international patent applications also face problems such as low authorization rates, low quality, and more administrative stimuli. From the “Made in China†to the “Creation in China†process, the rapidly growing international patent applications must address these issues. "Growth troubles."
International Patent Applications Surge 45%
The statistics report of the 2016 Global Patent Cooperation (PCT) International Patent Application published by the World Intellectual Property Organization (WIPO) recently revealed that the number of PCT international patent applications from China was 43,100, a surge of 45% from the previous year, second only to the United States. 56,000 pieces and 45,200 pieces in Japan.
From the perspective of the number of applications, the distance between China and Japan is already very close, and China has maintained a higher growth rate. The World Intellectual Property Organization predicts that, as the current trend continues, China will surpass Japan, surpass the United States within two years, and leap to the top of the world.
Looking at historical data, China’s PCT patent applications have maintained a steady and rapid growth over the past two decades. Shen Changyu, director of the State Intellectual Property Office, said on March 15 that one of the Bureau’s main targets for 2017 is that the increase in PCT international patent applications is expected to remain around 20%.
A professional who understands the World Intellectual Property Organization told reporters of the 21st Century Business Herald that, as a specialized agency of the United Nations, WIPO does not generally make specific predictions about a single market. “This (for China) forecast has a clear mathematical foundation. WIPO. The attitude shows its concern for the Chinese market and its confidence in China's innovation."
According to the source, the fundamental reason for the sharp increase in the number of PCT patent applications in China is that China’s scientific and technological innovation capability has been significantly enhanced. He said that in 2016 China’s total social R&D investment reached 1544.4 billion yuan, accounting for 2.1% of GDP, and the country’s technological research and development Intellectual property protection has formulated a strategic national plan.
At the same time, China's reform of the distribution of intellectual property rights has also stimulated the enthusiasm of researchers for innovation. The overall emphasis is on knowledge-oriented income distribution, which allows patent holders to gain greater benefits in the conversion of scientific and technological achievements.
“The rapid increase in the number of PCT applications is also a reflection and need for an increasingly open economy in China. With the increasing integration of China and the international economy, international intellectual property protection is needed to promote and protect its global competitive advantage,†the source said.
The PCT is an international treaty with more than 152 parties. Through the PCT, applicants only need to submit an “international†patent application, and they can apply to have many countries simultaneously patent their inventions.
Wen Xikai, deputy director of the State Intellectual Property Office’s Department of Law and Law, told the 21st Century Business Herald reporter that there are a large number of Chinese enterprises and the number of domestic patent applications has far exceeded that of the United States, Japan, and European countries (2016 State Intellectual Property Office accepted the invention The number of patent applications was 1.339 million, ranking the first in the world for 6 consecutive years. On such a large base, China has great potential for growth in international patent applications.
Wen Xikai said that as companies move toward high-end and internationalization, the role of patents is becoming increasingly important. The phenomenon that companies do not know or pay attention to patents has also been reversed, and the emphasis on patents is also Businesses bring tangible benefits.
The field of communications has become a competitive main battlefield
It is worth noting that in 2016, the number of international patent applications submitted by China's two communications companies, ZTE and Huawei, ranked the world's top two, with 4,123 and 3,692 cases respectively. Qualcomm of the United States, Japan’s Mitsubishi Electric Corporation and South Korea’s LG Electronics ranked third to fifth with 2,466, 2053 and 1,888 respectively.
In 2016, international patent applications for digital communications and computer technology were the most active, accounting for 8.5% and 8.2% of the total number of applications.
The above-mentioned sources stated that in terms of applying for international patents, the top ranked companies are also mostly information and communication companies, reflecting that the computer and information communication fields have become the main battlefield of global patent competition, and China is quite competitive in these fields.
The most obvious manifestation is that in recent years, ZTE and Huawei have repeatedly become the world’s largest number of international patent applications: ZTE, which won last year as early as 2011 and 2012, is the company with the largest number of PCT applications; and Huawei’s 2014 With the 2015 PCT application champion.
Behind the bright data is the huge investment in R&D by the two companies.
According to the two financial reports, Huawei's R&D investment was 23.7 billion yuan, 29.7 billion yuan, 31.6 billion yuan, 40.8 billion yuan, and 59.6 billion yuan in 2011-2015, respectively, and R&D expense ratio (R&D expenses/total operating income) was as high as 11.6. %, 13.5%, 13.2%, 14.2%, and 15.1%; during the same period, ZTE's R&D investment was 8.5 billion yuan, 8.8 billion yuan, 7.4 billion yuan, 9 billion yuan, and 12.2 billion yuan, respectively, and the R&D expense rate was 9.8%. , 10.5%, 9.8%, 11.1%, 12.2%.
In addition, the increase in the number of patents is also related to the company's R&D strategy. For example, ZTE’s patents are more extensive in its layout and involve more fields. In the process of developing 5G technologies, there are different technical routes. ZTE's strategy of choosing a multi-path layout to ensure the first-generation communications technology has increased the number of patent applications.
Ma Xiushan, deputy secretary-general of the China Intellectual Property Research Association, told reporters in the 21st Century Business Herald that the information and communications sector is emerging as a research and development hotspot, gathering a large number of patents, and the information and communication industry is also the strength of China. China’s telecommunications companies are in the international market. A large number of patents were placed on the layout, which is a "strategy" strategy in patents.
“Many traditional enterprises in China do not rely on patents to a high degree. In some areas, developed countries have well-established core patents. Late adopters such as Japan used the method of 'encroaching on cities to erode' to improve Ma Xiushan said, "However, in emerging areas such as information and communication, as well as in the high-tech field, no matter how important it is to emphasize patents."
Ma Xiushan said that when applying for PCT patents, China should combine its dominant industries, highlight its strengths, and increase its position in the international arena. "For example, Swiss patent applications are mainly concentrated in the fields of clocks and medicine, and China should learn from them. At the same time, applying for PCT patents needs to closely track the latest developments in research, as well as the general needs of international industry development, and make early arrangements for patents."
Patent quality needs to be improved
According to Wen Xikai, at present, China has passed the phase of focusing only on the number of patents. In the future, it should pay more attention to the quality of patents, and the latter still has a long way to go.
Despite China's rapid growth in the number of PCT international patent applications, the PCT is not a patent licensing system. Patent applications for international patent applications filed through the PCT route are still the responsibility of patent offices of countries or regions. From the perspective of patent licensing, China Compared with some developed countries, there is still a big gap.
In 2016, China submitted 7,150 patent applications to the European Patent Office, and only 2513 were authorized, which is approximately 35% of the application amount, far below the 75% of Japan and 74% of Germany. In the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO), the low proportion of patent authorization in China is a common phenomenon.
A report released by the Mannheim Center for European Economic Research in 2016 shows that while the number of Chinese international patent applications has grown rapidly in recent years, it is difficult to keep up with the quality of leading technology countries.
According to the report, the patent quality index compiled for the citation of Chinese patents abroad shows that between 2001 and 2009, Chinese patents only reached 34% of the quality of patent applications outside China (the latter is almost entirely from leading technology countries).
However, the quality of Chinese patent filings even declined during the investigation period - particularly evident in 2009. At that time, the Chinese government began to subsidize PTC applications. The conclusion of the investigation is that if the number of applications submitted is pushed up by the policy, the quality of the patent will be compromised.
The report stated that PTC's filing price is relatively high. Usually, only patents that are very economically successful are reported in this way.
The 2009 Circular issued by the State Intellectual Property Office of the Joint Ministry of Finance concerning the organization of a special fund for applying for grants for overseas applications for 2009 financial subsidies indicates that domestic applicants will be funded when they apply for a foreign patent. The notice indicates that the increase in foreign patents in China. The number of applications and grants has risen to the height of national strategies.
Subsequently, the quantification target of the patent was set in various government documents. For example, according to the "13th Five-Year National Intellectual Property Protection and Use Plan" published at the beginning of this year, by 2020, China's PCT patent applications will exceed 60,000. Local governments also tend to treat foreign patent applications as local innovation achievements, and support enterprises.
Ma Xiushan said that the policy encouragement has played an important role in the rapid development of foreign patent applications. It is necessary to use the policy of “giving a ride to the horse.†In the initial stage, it is necessary to use policies; but in the long run, the motivation for applying for foreign patents should come from its own Needs, companies should really be able to taste the sweetness from patents, but in fact China is also changing this aspect.
A number of interviewees stated that in the process of moving from "Made in China" to "Created in China," the patent creation, application, agency, review, protection and application of the entire chain should be promoted in accordance with the concept of "quality win, quantity distribution." The quality of the link is improved. (Edit: Zhang Xing)
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