Chapter I Patent Application and Granting(1)

1.Patent Application and Granting
 
1.1 The Amount of Three Kinds of Patent Applications and Their Constitution
 
In 2006, the State Intellectual Property Office of P. R. China (SIPO) received totally 573,178 applications for three kinds of patents (inventions, utility models and designs), a 96,914 or 20.3% increase over the previous year. The patent fillings showed the following features:
 
(1) The total amount of the three kinds of patent applications kept a constant and stable increase, with an even higher growth rate for invention patent. From 2000 to 2006, the average growth rate of over 20% was achieved in seven consecutive years for both the total amount of three kinds of patent applications and invention patent. The annual growth rate of inventions in 2006 was up to 21.4%. From 1985 to 2006, applications for invention patent amounted to 1,089,515, or over one million in the aggregate.
 
(2) Domestic applications for three kinds of patents experienced a higher growth than foreign ones, which increased in 2006 by 22.8%, 12.4% higher than that of 10.4% hike of foreign applications.
 
(3) Domestic applications for invention patent witnessed substantially faster growth over foreign ones, which increased by 30.8%, 20.4% higher than that of 10.4% hike of foreign applications. In 2006, 122,318 domestic applications for invention patent were filed with SIPO, which were 1.39 times over 88,172 foreign applications.
 
Table 1 Applications for Three Kinds of Patents According to Service and Non-Service in 2006
Kinds of Patents
Total
Domestic
Foreign
Total (B)
Service (A)
Non-Service (A)
Total (B)
Service (A)
Non-Service (A)
Total (B)
Service (A)
Non-Service (A)
Accumulated Total
             Number of Applications
3334367
1613438
1720929
2727857
1032712
1695145
606510
580726
25784
%(A/B)
100.0%
48.4%
51.6%
100.0%
37.9%
62.1%
100.0%
95.7%
4.3%
             This Year
 
            Number of Applications
573178
303174
270004
470342
203566
266776
102836
99608
3228
Total
%(A/B)
100.0%
52.9%
47.1%
100.0%
43.3%
56.7%
100.0%
96.9%
3.1%
 
             Number of Applications
210490
167319
43171
122318
81485
40833
88172
85834
2338
Invention
%(A/B)
100.0%
79.5%
20.5%
100.0%
66.6%
33.4%
100.0%
97.3%
2.7%
 
             Number of Applications
161366
59846
101520
159997
58769
101228
1369
1077
292
Utility Model
%(A/B)
100.0%
37.1%
62.9%
100.0%
36.7%
63.3%
100.0%
78.7%
21.3%
 
              Number of Applications
201322
76009
125313
188027
63312
124715
13295
12697
598
Design
%(A/B)
100.0%
37.8%
62.2%
100.0%
33.7%
66.3%
100.0%
95.5%
4.5%
 
Table 2 Distribution of Domestic Service and Non-Service Applications, 2006
Total
 
 Service
Non-Service
Total
Universities and Colleges
Scientific Research Institutions
Enterprises
Organizations
470342
266776
203566
22950
9878
166874
3864
 
56.7%
43.3%
11.3%
4.9%
82.0%
1.9%
 
 
(4) Domestic service applications for three kinds of patents enjoyed a higher growth rate than non-service applications. 203,566 domestic service applications were filed in 2006, which was an increase of 44,684 or 28.1% rise over the previous year. At the same time, non-service applications only increased by 19.0%. Therefore, service applications resulted in the growth rate of 9.1% higher than that of non-service applications. Among domestic service applications, the invention patent applications reached the amount of 81,485, which was an increase of 19,215 or 30.9% over the previous year.
 
(5) Enterprises became the main source of domestic service applications for three kinds of patents. In view of domestic applicant for service applications for three kinds of patents, industry and mining, colleges and universities, scientific research institutes, government organs and other organizations accounted for 82.0%, 11.3%, 4.8% and 1.9% of the total applications respectively.
 
By December 31st, 2006, an accumulated number of 3,334,367 patent applications were received by the Office, among which 2,727,857 were domestic applications, or 81.6%, and 606,510 were foreign applications, or 18.4%.
 
 
 
 
1.2 Distribution of Patent Applications by Country
 
In the year of 2006, China received patent applications from 94 countries and regions, of which Namibia and Bangladesh were for the first time to join the list. The top 10 countries and regions in terms of application volume in 2006 were Japan, USA, South Korea, Germany, the Netherlands, France, Switzerland, UK, Italy and Sweden. By December 31st, 2006, 134 countries and regions had filed patent applications in China.
 
 
 
Table 3 Top Ten Domestic Enterprises According to Their Applications in 2006
  No.
 Name of Enterprises
  Number
1
Huawei Technologies Co., Ltd
5947
2
ZTE Corporation
2572
3
Hon Hai Precision Industry Co., Ltd
1982
4
Hong Fu Jin Precision Industry(Shen zhen)Co. , Ltd.
1543
5
BYD Company Limited
1021
6
Inventec Corporation
998
7
Oceanpower Corporation
816
8
Haier Co.,Ltd
790
9
Shunda Computer Factory Co., Ltd.
677
10
LG Electronics (China) R&D Center Co., Ltd
676
 
Table 4 Top Ten Domestic Universities and Colleges According to Their Applications in 2006
  No.
 Name of Universities and Colleges
 Number
1
Zhejiang University
1476
2
Tsinghua University
909
3
Shanghai Jiao Tong University
875
4
Southeast University
569
5
South China University of Technology
512
6
Harbin Institute of Technology
432
7
Tianjin University
411
8
Beijing University of Aeronautics and Astronautics
376
9
Fudan University
365
10
Sichuan University
353
 
Table 5 Top Ten Domestic Scientific Research Institutes According to Their Applications in 2006
  No.
Name of Scientific  Research Institute
  Number
1
Industrial Technology Research Institute
495
2
Guiyang Aluminium Magnesium Design&Research Institute
421
3
Shanghai Institute of Optics and Fine Mechanics, CAS
262
4
Dalian Institute of Chemical Physics, CAS
236
5
Research Institute of Petroleum Processing, SINOPEC
225
6
Institute of Semiconductors, CAS
173
7
Shanghai Research Institute of Petrochemical Technology, SINOPEC
151
8
Changchun Institute of Applied Chemistry, CAS
150
9
Changchun Institute of Optics, Fine Mechanics and Physics, CAS
132
10
Institute of Chemistry Chinese Academy of Sciences
126
 
Table 6 Top Ten Foreign Corporations According to Their Applications in 2006
  No.
  INID
  Name of Corporation
  Number
1
South Korea
Samsung Electronics Co., Ltd
4355
2
Japan
Matsushita Electric Industrial Co., Ltd
3067
3
the Netherlands
Royal Philips Electronics N.V.
2503
4
Japan
Sony Corporation
1648
5
South Korea
LG Electronics Co., Ltd
1506
6
the United States
International Business Machines Corporation
1435
7
Japan
Toshiba Corporation
1211
8
Japan
Seiko Epson Corporation
1144
9
Germany
Siemens AG
887
10
Japan
Hitachi, Ltd
836
 
Table 7 Top Ten Domestic Enterprises According to Their Applications of Invention in 2006
  No.
 Name of Enterprises
  Number
1
Huawei Technologies Co., Ltd
5593
2
ZTE Corporation
2322
3
Hon Hai Precision Industry Co., Ltd
1223
4
Hong Fu Jin Precision Industry(Shen zhen)Co. , Ltd.
1220
5
Oceanpower Corporation
760
6
Inventec Corporation
677
7
China Petroleum & Chemical Corporation
619
8
LG Electronics (China) R&D Center Co., Ltd
607
9
LG Electronics Tianjin Appliances Co., Ltd
537
10
AU Optronics Corporation
530
 
Table 8 Top Ten Domestic Universities and Colleges According to Their Applications of Invention in 2006
  No.
 Name of Universities and Colleges
  Number
1
Zhejiang University
1209
2
Shanghai Jiao Tong University
841
3
Tsinghua University
817
4
Harbin Institute of Technology
408
5
South China University of Technology
391
6
Tianjin University
367
7
Fudan University
337
8
Beijing University of Aeronautics and Astronautics
334
9
Sichuan University
298
Shanghai University
298
Nanjing University
298
Peking University
298
 
Table 9 Top Ten Domestic Scientific Research Institutes According to Their Applications of Invention in 2006
  No.
Name of Scientific Research Institute
  Number
1
Industrial Technology Research Institute
488
2
Dalian Institute of Chemical Physics, CAS
232
3
Research Institute of Petroleum Processing, SINOPEC
216
4
Institute of Semiconductors, CAS
171
5
Shanghai Institute of Optics and Fine Mechanics, CAS
161
6
Shanghai Research Institute of Petrochemical Technology, SINOPEC
147
7
Changchun Institute of Applied Chemistry, CAS
146
8
Guiyang Aluminium Magnesium Design&Research Institute
144
9
Institute of Chemistry Chinese Academy of Sciences
126
10
Fushun Research Institute of Petroleum and Petrochemicals,SINOPEC
122
 
Table 10 Top Ten Foreign Corporations According to Their Applications of Invention in 2006
  No.
  INID
  Name of Corporation
  Number
1
South Korea
Samsung Electronics Co., Ltd
3770
2
Japan
Matsushita Electric Industrial Co., Ltd
2679
3
the Netherlands
Royal Philips Electronics N.V.
2369
4
Japan
Sony Corporation
1435
5
South Korea
LG Electronic Co. Ltd.
1441
6
the United States
International Business Machines Corporation
1230
7
Japan
Toshiba Corporation
1117
8
Japan
Seiko Epson Corporation
1089
9
Germany
Siemens AG
872
10
South Korea
Samsung SDI Co.,Ltd
818
 
Table 11 Top Ten Provinces and Municipalities According to Their Applications Filed in 2006
No.
INID
Number
1
Guangdong
90886
2
Jiangsu
53267
3
Zhejiang
52980
4
Shandong
38284
5
Shanghai
36042
6
Beijing
26555
7
Taiwan
22496
8
Liaoning
17052
9
Hubei
14576
10
Tianjin
13299
 
Table 12 Top Ten Countries According to Their Applications Filed in 2006
No.
INID
Number
1
Japan
37848
2
the Unite States
23494
3
South Korea
10596
4
Germany
8676
5
the Netherlands
3721
6
France
3614
7
Switzerland
2370
8
the United Kindom
1813
9
Italy
1699
10
Sweden
1492
 
1.3 Patent Granting
 
In 2006, SIPO granted 268,002 patents, with an increase of 25.2% or 53,999 over the previous year. Among them, 57,786 were for invention, which was an increase of 4,481 or 8.4%; 107,655 for utility models, with an increase of 28,306 or 35.7%; and 102,561 for designs, with an increase of 21,212 or 26.1%.
 
By December 31st, 2006, SIPO had granted an accumulated total of 1,737,504 patents.
 
1.4 Improvement of Patent Examination Capacity
 
In 2006, SIPO further enhanced its patent examination capacity both in external performance and internal foundation by comparison with the Tenth Five-Year Plan period, and it was reflected in the following two aspects:
 
(1) Patent examination witnessed constant increase of quantity, higher efficiency and improved quality. In 2006, the Office concluded substantive examination for 81,174 applications for invention patent, achieving an increase of 10.7% over the previous year and maintained an average annual growth of 28.1% over the year 2001, during which 23,526 applications were concluded. The actual duration for substantive examination cycle decreased by 30.2 months, from 53 months in 2001 to 22.8 months in 2006. In the cases of utility model and design, the Office concluded examination respectively 146,983 and 151,110 applications in 2006, resulting in 45.7% and 44.3% increase over the previous year. The examination cycle was 8.5 months for utility models, 2.5 months shorter than the previous year and 5.8 months for designs, 2.2 months shorter.
 
Table 13 Applications for Patents for Inventions and Utility Models Classified According to IPC in 2006
 
A-H Total
A
B
C
D
E
F
G
H
  Accumulated Total
2315074
509661
432819
226979
48341
144993
291142
318844
342295
100.0%
22.0%
18.7%
9.8%
2.1%
6.3%
12.6%
13.8%
14.8%
  Total in 2006
384090
74733
63605
39720
6780
21042
44359
61225
72626
100.0%
19.5%
16.6%
10.3%
1.8%
5.5%
11.5%
15.9%
18.9%
  Invention
218163
36106
25319
35690
3921
6512
15044
42954
52617
100.0%
16.6%
11.6%
16.4%
1.8%
3.0%
6.9%
19.7%
24.1%
  Utility Model
165927
38627
38286
4030
2859
14530
29315
18271
20009
100.0%
23.3%
23.1%
2.4%
1.7%
8.8%
17.7%
11.0%
12.1%
 
Table 14 Top Ten IPC Sub-Classes of Applications for Patent for Inventions in 2006
Total
Sub-class
Number
Residents
Sub-class
Number
Non-Residents
Sub-class
Number
1
A61K
17197
1
A61K
14318
1
H01L
5282
2
H04L
9856
2
H04L
6232
2
G06F
4546
3
G06F
9297
3
G06F
4751
3
H04L
3624
4
H01L
8220
4
H04Q
3182
4
H04N
3312
5
H04N
5997
5
H01L
2938
5
A61K
2879
6
H04Q
4593
6
A23L
2712
6
G11B
2686
7
G01N
3738
7
H04N
2685
7
C07D
1881
8
G11B
3590
8
G01N
2661
8
G02F
1646
9
C07D
3275
9
C12N
1943
9
G02B
1553
10
A23L
2993
10
E04B
1776
10
H04B
1458
 
Table 15 Top Ten IPC Sub-Classes of Applications for Patent for Utility Models in 2006
Total
Sub-class
Number
Residents
Sub-class
Number
1
B65D
3952
1
B65D
3907
2
A47G
2836
2
A47G
2822
3
H01R
2781
3
H01R
2712
4
A61B
2497
4
A47J
2475
5
A47J
2496
5
A61B
2464
6
F16K
2254
6
F16K
2242
7
A61M
2236
7
A61M
2226
8
G06F
2117
8
G06F
2093
9
E21B
2061
9
E21B
2059
10
G01N
1880
10
G01N
1864
 
 
 
Table 16 Three Kinds of Domestic and Foreign Patents Granted According to Service and Non-Service in 2006
Kinds of Patents
Total
Domestic
Foreign
Total (B)
Service (A)
Non-Service (A)
Total (B)
Service (A)
Non-Service (A)
Total (B)
Service (A)
Non-Service (A)
Accumulated Total
            Granted
1737504
816343
921161
1488747
578389
910358
248757
237954
10803
%(A/B)
100.0%
47.0%
53.0%
100.0%
38.9%
61.1%
100.0%
95.7%
4.3%
This Year
Total
            Granted
268002
135597
132405
223860
93131
130729
44142
42466
1676
%(A/B)
100.0%
50.6%
49.4%
100.0%
41.6%
58.4%
100.0%
96.2%
3.8%
Invention  
                      Granted
57786
50157
7629
25077
18400
6677
32709
31757
952
%(A/B)
100.0%
86.8%
13.2%
100.0%
73.4%
26.6%
100.0%
97.1%
2.9%
Utility Model
  Granted
107655
43337
64318
106312
42258
64054
1343
1079
264
%(A/B)
100.0%
40.3%
59.7%
100.0%
39.7%
60.3%
100.0%
80.3%
19.7%
Design
           Granted
102561
42103
60458
92471
32473
59998
10090
9630
460
%(A/B)
100.0%
41.1%
58.9%
100.0%
35.1%
64.9%
100.0%
95.4%
4.6%
 
 
 
 
(2) The team of patent examiners was further enlarged while the staff structure was constantly optimized and better personnel quality achieved. In 2006, SIPO newly recruited 535 employees, covering various field, inter alia, preliminary examination, procedure management, substantive examination, re-examination and invalidation, making the total number of examining staff to 2,170 at the end of the year. In high profile technical fields like electronics, telecommunication, light and electric, the number of examiners increased faster than the growth of patent applications, thus decreasing the per-capita examination workload in stock by 20% to 30%. The average period of higher education for examiners was longer than before, due to the fact that 72% of those substantive examiners newly recruited in 2006 had Master's degree while the figure was only 16% in 2001.
2013-07-17