China Top Innovator with 1 Million Patent Requests in Year
China is driving Asian-led growth in innovation worldwide, becoming the first country to file 1 million patent applications in a single year, the World Intellectual Property Organization (WIPO) said in November.
When WIPO launched its report-World Intellectual Property Indicators, the organisation’s director-general Francis Gurry said, “It is the first patent office in the world to receive more than 1 million applications." The bulk of China's 1.01 million applications were for domestic protection in patents, trademarks and industrial design, with only some 42,154 filed abroad, he said.
But there is a "slow and gradual" increase in China's applications for international patents, Gurry said. "They are in process of making innovation a central point of their economic strategy."
Worldwide, some 2.9 million patent applications were filed last year, a 7.8 percent increase over 2014, WIPO said. Roughly two in three patents are ultimately approved, Gurry said. The United States ranked second last year with 526,296 patent applications, followed by Japan at 454,285 and South Korea with 238,015.
China's Applications of Industry Design Patent Evaluation Report Exceed 20,000
According to the data from the State Intellectual Property Office of PRC (SIPO), as of the day of October 28, 2016, the totally amount of applications of China's industry design patent evaluation report exceeded the benchmark of 20,000. It is reported that, the evaluation reports of industry design patent system was put into force on October 1, 2009. Then the Patent Law of PRC amended in 2008 added this legal conception for the first time. In July 2010, SIPO received its first application of industry design patent evaluation report. From then on, the yearly amount of applications of industry design patent evaluation report increased rapidly. Back to 2010, only 33 applications of industry design evaluation report were submitted to SIPO during the whole year, while the number of it reached to 390 in 2011. And it rose to 6,032 in the year of 2015. As of October 28, 7,004 applications of industry design patent evaluation report were submitted in 2016.
Since the evaluation reports of industry design patent system established, it took 5 years for China to increase the number to 10,000. And the number doubled in only 14 months later.
Record High RMB 50 Million Compensation Decided by Beijing IP Court and Attorney Fee Charged Hourly for the First Time
On December 8, Beijing Intellectual Property Court decided that the defendant, Hengbao Co., Ltd. (Hengbao), immediately cease its infringement acts in connection with the No. ZL200510105502.1 invention patent of “a physical authentication method and an electronic device” owned by the plaintiff, Beijing Watchdata Co., Ltd. (Watchdata) and that the defendant compensate the plaintiff for an economic loss of RMB 49 million and the defendant pay to the plaintiff reasonable litigation expenses of RMB 1 million.
The judicial committee of the court decided after studying the case that: (1) The amount of compensation for infringement damages should be calculated on the basis of the actual number of sales of the subject products times the reasonable profit of every such product subject to patent protection; (2) Given that the defendant refused to provide profits obtained by him from selling the subject products to China Bohai Bank, Zhejiang Rural Credit Cooperatives (and its cooperating banks) and Hubei Bank, it might be presumed that the claim made by the plaintiff is reasonably grounded; (3) The hourly rates method adopted by the law firms may be used to calculate the reasonable litigation expenses for attorney fees.
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