China: Increasing Requests for Patent Evaluation

 The design patent evaluation report system has been gradually recognized and won greater attention by the public, with requests for such reports growing rapidly, according to the State Intellectual Property Office.


The total number of such requests has reached 10,000 over the past six years.


The design patent evaluation report is a new part of China's patent law during its third amendment, which took effect on Oct 1, 2009. As an important supplement to the patent preliminary examination system, the patent evaluation report system has effectively promoted the stability of patent rights.


As the examinations for utility patents and design patents are not as strict as for invention patents, patent owners or other interested parties can request a patent evaluation report based on a search for related patents that carry analysis and evaluation of whether they comply with patent law and meet the conditions for authorization.


The report is an official quality evaluation and can be used as a certificate document or evidence.


In patent infringement disputes involving utility and design patents, courts or government agencies may require the patent owner or interested parties to issue a patent evaluation report.


According to SIPO, requests for patent evaluation reports rose rapidly since 2010 when it began to receive such requests. In 2010, only 33 requests were received but in 2014, the number grew to 4,052. This year, 3,311 report requests were received by Aug 15, a 53 percent increase from the same period in 2014.


Officials from the design patent review department said the product types for which they receive most patent evaluation requests are mainly in fields that are close to people's daily lives, such as furniture, home decoration, lighting, packaging, communications and transportation equipment.


From the perspective of the public, patent evaluation reports have played an increasingly important role in court proceedings, legal protection in e-commerce, and archival filing management in customs, officials said.


To ensure the authority and accuracy of the patent evaluation reports, the design patent review department has developed a strict, standardized process. Experts are also invited to give opinions when problems occur in the evaluation report so as to ensure it can withstand scrutiny and testing.


A special training work team has also been set up to constantly improve the quality of patent evaluation reports through training programs, qualification accreditation, seminars and exchange programs.