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"China Patent Survey Report 2021" important points

Release Time：

2022-07-14

I. Status of patent transfer and transformation in China II. New characteristics of intellectual property protection in China at the present stage III. Specific Situation of industry-University-research cooperation and innovation

1. Chinese patent transfer and transformation status

The "2021 Patent Survey Report" (hereinafter referred to as the "report") shows that at this stage, the transfer and transformation of China's invention patents are generally good, the industrialization rate of effective invention patents is steady and improving, and the proportion of licensing and transfer is steadily increasing, specifically:

First, the industrialization rate of effective invention patents in our country increases steadily.

In 2021, the industrialization rate of China's invention patents was 35.4%, an increase of 0.7 percentage points over the previous year, which showed an upward trend in the past three years and stabilized at more than 30% in the past five years. The industrialization rate of utility model patents was 46.2%, 4.2 percentage points higher than the previous year; The industrialization rate of design patents was 52.3%, an increase of 0.7 percentage points over the previous year.

Second, the industrialization rate of effective invention patents of enterprises has increased as a whole.

In 2021, the industrialization rate of Chinese enterprises' invention patents reached 46.8%, an increase of 1.9 percentage points over the previous year. From the perspective of enterprise size, the industrialization rate of invention patents of large, medium and small enterprises reached 47.1%, 54.6% and 47.7%, respectively, which increased from the previous year. Or affected by external shocks such as the novel coronavirus epidemic, the industrialization rate of micro-enterprises' invention patents decreased by 5.8 percentage points from the previous year to 26.6%.

Third, the proportion of invention patent licensing and transfer has steadily increased.

In 2021, China's invention patent licensing rate and transfer rate were 10.4% and 7.4%, respectively, an increase of 2.5 and 1.2 percentage points over the previous year, showing a steady upward trend since 2017. The "China Patent Survey Report" is based on data such as the industrialization rate, licensing rate and transfer rate of effective invention patents, and combines administrative records such as the export value of intellectual property royalties and the amount of patent pledge financing to form the "Patent Transfer and Conversion Index" (PTI Index). In 2021, China's PTI index is 52.2, and the PTI index is in the reasonable expansion range, indicating that patent transfer and transformation activities remain active.

Second, the new characteristics of intellectual property protection in China at the present stage

The report shows that China's intellectual property protection has been strengthened, and the protection of the environment has improved overall.

First, the proportion of patentees suffering patent infringement continues to decline.

In 2021, the proportion of Chinese patentees experiencing patent infringement was 7.2%, 3.6 percentage points lower than the previous year, and the lowest value since 2017. The problem of patent infringement in China has been further improved.

Second, the proportion of high damages awarded in patent infringement cases in China has significantly increased.

In 2021, the proportion of courts in China's patent infringement litigation cases awarding compensation, litigation mediation or out-of-court settlement amount of more than 1 million yuan was 16.3%, 9.0 percentage points higher than the previous year, indicating that the cost of intellectual property infringement in China is constantly increasing.

Third, the channels for enterprise patentees to protect their rights are becoming more diversified.

In 2021, the proportion of patentees suffering patent infringement who choose to protect their rights by filing lawsuits in court, requesting administrative processing and arbitration and mediation is 30.8%, 21.5% and 18.6%, respectively, increasing by 4.4, 2.8 and 2.2 percentage points over the previous year. Among them, 48.3% of the patentees chose two or more ways to protect their rights, indicating that the diversified settlement mechanism of intellectual property disputes in China is constantly improving.

Fourth, enterprise patentees should be more proactive in patent infringement.

In 2021, the proportion of Chinese enterprises taking rights protection measures after experiencing patent infringement was 76.4%, an increase of 2.5 percentage points over the previous year and 11.8 percentage points over 2017. In terms of enterprise size, the proportion of large, medium and small enterprises taking measures to protect their rights was 97.7%, 91.7% and 81.0%, respectively, an increase of 0.5, 5.9 and 7.1 percentage points over the previous year, and the awareness of smes to protect their rights was significantly improved.

Third, the specific situation of industry-university-research cooperation innovation

The report shows that industry-university-research cooperation can drive the rate of patent industrialization and increase the income, and key universities have made outstanding contributions to the innovation of industry-university-research cooperation.

First, the industrialization rate of invention patents in universities and institutes is significantly higher than the average level.

The survey shows that the industrialization rate of invention patents with universities as the first patentees reaches 22.8%, which is more than seven times of the average level of universities (3.0%). The industrialization rate of invention patents with scientific research institutions as the first patentee was 25.8%, much higher than the average level of scientific research institutions (15.6%). This shows that the cooperative innovation of industry, university and research can help all parties complement each other's advantages and effectively improve the industrialization level of invention patents in universities and institutes.

Second, key universities have made outstanding contributions to university-enterprise joint invention patents.

Statistics show that 78.3% of the industry-university-research invention patents participated in by universities and colleges were developed by key universities such as "985" and "211" project universities or "double first-class" construction universities. Tsinghua University, Zhejiang University, Shanghai Jiao Tong University, Southeast University and South China University of Technology rounded out the top five.

Third, industry-university-research invention patents effectively enhance the market competitiveness of enterprises.

According to the survey, the average return of industrial invention patent with enterprise as the first patentee is 32.5% higher than that of enterprise invention patent. Among the total invention patents of enterprises, universities and research institutes, patent intensive industries accounted for 90.3%, and the top three industries were research and experimental development services (36.3%), chemical raw materials and chemical products manufacturing (16.7%), and special equipment manufacturing (5.3%).

(Editing by Wang Cheng, art editor by Wang Zhenjie, read by CAI Yingsun Yaman)

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