The following notice by the China National Intellectual Property Administration—which oversees Chinese patent and trademark applications—orders PRC local governments to halt all financial assistance programs that incentivize large quantities of patent applications. The Administration makes the elimination of low-quality and fraudulent patents a major priority for itself in 2021, and introduces increasingly severe punishments for those who attempt to file patents for technologies and processes that are not truly innovative.
The Chinese source text is available online at: https://www.cnipa.gov.cn/art/2021/1/28/art_75_156439.html
An archived version of the Chinese source text is available online at: https://perma.cc/8Z3P-6BXK
US $1 ≈ 6.5 Chinese Yuan Renminbi (RMB), as of February 17, 2021.
To the intellectual property offices of all provinces, autonomous regions, and province-level municipalities, and of the Xinjiang Production and Construction Corps; the Sichuan Intellectual Property Protection Center and the Guangdong Intellectual Property Protection Center; all departments of the China National Intellectual Property Administration, all departments of the Patent Office (专利局), and all entities and social groups directly under the China National Intellectual Property Administration:
In order to further study and implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, conscientiously implement the decisions and arrangements of the Chinese Communist Party (CCP) Central Committee and the State Council, and effectively promote China’s transformation from a major importer of intellectual property (IP) to a major creator of IP, and its transformation from pursuing quantity to improving quality, patent quality improvement projects have been carried out across the board and in depth in recent years, and the IP departments of local governments at all levels have strengthened the regulation of supporting policies concerning patent applications, sternly cracked down on abnormal patent application practices, and played important roles in stimulating and protecting innovation and promoting the high-quality development of IP. However, there are still some local governments that pay insufficient attention to the requirements of high-quality patent development, fail to implement effectively, and blindly pursue quantitative indicators, and abnormal patent application practices persist that fail to take protecting innovation as the goal. This seriously disrupts the order of administrative management, harms the public interest, hampers the innovation of enterprises, wastes public resources, and undermines the patent system. In order to strictly put into effect the requirements of high-quality development, further regulate patent application practices, improve the quality of patent applications, and eliminate abnormal patent application practices that fail to take protecting innovation as the goal, notice is given as follows with regard to relevant matters:
I. Clarifying work objectives
Strive to guide the quantity and quality of patent applications to conform to the level of regional economic development, the development requirements of industries, and scientific and technological (S&T) innovation capabilities; scientifically establish indicators for all tasks, reinforce the quality orientation, and effectively utilize the guiding role played by high-quality development indicators. Further adjust and refine policies on subsidies (资助), rewards, etc., fully eliminate subsidies for patent applications, and focus on increasing support for subsequent conversion and use, administrative protections, and public services. Clean up and regulate the patent application process, resolutely combat and effectively suppress abnormal patent application practices that fail to take protecting innovation as the goal, and promote the high-quality development of IP undertakings.