Registering Patents in China – Chinese Patents

Registering patents in China: is it worthwhile to register a Chinese patent? Many inventors have doubts whether or not to register a patent in China. Are Chinese patents enforced? Will the owner of a Chinese patent receive protection in China?

Inventors interested in protecting their invention file patents in many countries around the world. Many inventors will file a US registered patent application or a European patent application. However, when considering China, many inventors have doubts whether it is worthwhile to protect their invention in China, primarily in light of the sheer volume of imitations produced, and the uncertainty of Chinese patent enforcement.

Usually, the inventor has his patent application written in English. In order to file the application in China, it is initially necessary to translate the patent application into Chinese. Often, Israeli patent attorneys are helped by their Chinese patent attorney colleagues to translate the application. After examination by the Chinese patent office, if the application adheres to the conditions of Chinese patent law, the patent will be accepted.

Inventors often question whether the Chinese courts will protect a registered patent. Although it is easier to defend a registered patent in the USA and in Europe, Pfizer won a key lawsuit in 2006 where the Chinese courts enforced their protection for the drug Viagra. According to an article in Globes, a Pfizer spokesperson told the Wall Street Journal that the company welcomed the decision of the courts, which reflected China's commitment to creating an effective patent-protection environment and boosted the confidence of the business community in China as an investment location.

The above details are incomplete, and it is recommended to consult a patent attorney for each individual case. However, it seems that as time passes, and in light of political pressure on China, Chinese protection is becoming more and more important. In 2011, China became a world leader in patent filings, surpassing Japan and the USA.