NEWS

In 2021, my country’s invention authorization rate was 55.0%.

So let’s take a look at the application status of patents, trademarks, geographical indications, and integrated layout designs in 2021 as follows:

1. Patent

(1) Patent application

In 2021, the number of invention patent applications in my country was 1.586 million, a year-on-year increase of 5.9%. Among them, there were 1.428 million domestic invention patent applications, accounting for 90.0% of the total, a year-on-year increase of 6.2%; there were 158,000 foreign invention patent applications in China, accounting for 10.0% of the total, a year-on-year increase of 3.6%.

Among domestic invention patent applications, there were 1.314 million job applications, accounting for 92.0%, a year-on-year increase of 8.2%. The proportion of enterprises in domestic invention patent applications reached 66.8%, an increase of 6.1 percentage points from the previous year.

In 2021, the number of utility model patent applications in my country was 2.852 million, a year-on-year decrease of 2.5%; the number of design patent applications in my country was 806,000, a year-on-year increase of 4.6%.

(2) Patent review

In 2021, 1.266 million invention patents were reviewed and concluded. It accepted 77,000 priority review cases for three types of patents, including 74,000 invention patent applications, a year-on-year increase of 31.5%.

Strengthen cycle process management in the review stage, allocate superior resources to favor high-value patents, and continue to promote patent review to improve quality and efficiency. In 2021, the review cycle for high-value invention patents has been reduced to 13.3 months, completing the State Council's goal of deepening the "delegation, regulation and service" reform ahead of schedule, and the average review cycle for invention patents has been reduced to 18.5 months. We carried out special clean-up work on long-term cases, and concluded 217,000 long-term cases throughout the year. Solidly implement the work deployment of the "Special Implementation Plan for Improving the Quality and Efficiency of Invention Patent Examination 2019-2022)", conduct strict examinations in accordance with the law, ensure authorization and confirmation, and continue to improve the quality and efficiency of examinations. The user satisfaction index for patent review quality in 2021 is 85.7, remaining in the satisfactory range for 12 consecutive years.

(3) Patent authorization

In 2021, 696,000 invention patents were authorized, a year-on-year increase of 31.3%. Among them, 586,000 domestic invention patents were authorized, accounting for 84.2% of the total; 110,000 foreign invention patents were authorized in China, a year-on-year increase of 23.0%. Among the domestic invention patent authorizations, 565,000 were service invention patents, accounting for 96.4%, a year-on-year increase of 33.3%; 21,000 non-service invention patents were authorized, accounting for 3.6%, a year-on-year increase of 23.0%.

In 2021, 3.120 million utility model patents were authorized, a year-on-year increase of 31.2%; 786,000 design patents were authorized, a year-on-year increase of 7.3%.

In 2021, my country’s invention patent authorization rate was 55.0%.

(4) Number of valid invention patents owned

As of the end of 2021, the number of authorized and valid invention patents was 3.597 million, a year-on-year increase of 17.6%. Among them, the number of domestic invention patents held was 2.773 million, accounting for 77.1% of the total, a year-on-year increase of 21.7%; the number of foreign invention patents in China was 824,000, accounting for 22.9% of the total, a year-on-year increase of 5.8%.

As of the end of 2021, the number of high-value invention patents per 10,000 people in my country (excluding Hong Kong, Macao and Taiwan) has reached 7.5.

(5) PCT international patent application

In 2021, a total of 73,000 international patent applications submitted through the PCT were accepted, a year-on-year increase of 1.5%. Among them, 68,000 came from China, a year-on-year increase of 2.1%. A total of 78,000 international search reports were completed, a year-on-year increase of 11.6%. Since 1994, a total of 521,000 international patent applications submitted through the PCT have been accepted, and a total of 485,000 PCT international search reports have been completed.

In 2021, 107,000 PCT international applications entered the Chinese national phase, a year-on-year increase of 6.3%, including 106,000 invention patent applications and 916 utility model patent applications. Since 1994, a total of 1.419 million PCT international applications have been received that entered the national phase in China.

(6) Patent review and invalidation

In 2021, a total of 76,000 patent reexamination requests were accepted, a year-on-year increase of 39.2%; 54,000 cases were concluded, a year-on-year increase of 12.4%. The average review cycle is 16.4 months. Among the completed reexamination cases of invention patents, 47.2% were revoked and rejected, and 52.8% were concluded by sustaining rejection and other methods.

In 2021, a total of 7,628 requests for patent invalidation were accepted, a year-on-year increase of 23.5%; 7,065 cases were closed, a year-on-year decrease of 1.1%. The average completion period for patent invalidation requests is 5.8 months. Among the concluded invention patent invalidation cases, 24.7% were fully invalid, 15.0% were partially invalid, and 60.4% were maintained; among the concluded utility model patent invalidation cases, 42.0% were fully invalid, 17.8% were partially invalid, and 60.4% were maintained. 40.2% were maintained; among the completed design patent invalidation cases, 49.9% were fully invalidated, 0.9% were partially invalidated, and 49.1% were maintained.

Since 1985, a total of 401,000 patent reexamination requests have been accepted and 320,000 cases have been concluded. A total of 75,000 patent invalidation requests have been accepted and 70,000 cases have been concluded.

The rate of parties submitting reexamination invalidation requests through the patent reexamination and invalidation electronic request system is increasing year by year. According to statistics, as of the end of 2021, the national electronic request rate for patent reexamination reached 92.3%, and the electronic request rate for invalidation declaration reached 80.4%. This system provides convenience to the parties and effectively shortens the case filing cycle.

The circuit hearing of patent reexamination and invalidation requests was actively promoted. Throughout the year, 27 cases were heard on circuit tours in Shanghai, Guangdong, Jiangsu and Hunan provinces. As of the end of 2021, 25 multimedia trial courts and 35 multimedia collegial rooms have been built, and a point-to-point remote trial system for trial courts has been established in Beijing, Nanjing, Zhejiang, and Pudong Intellectual Property Protection Centers, covering offline in-person trials, Internet remote trials, and Protection center remote trial and other modes.

2. Trademark

(1) Trademark application

In 2021, there were 9.451 million trademark registration applications in our country, of which 9.193 million were domestic trademark applications, accounting for 97.3% of the total, a year-on-year increase of 0.8%; there were 258,000 foreign trademark applications in China, accounting for 2.7% of the total, a year-on-year increase 1l.6%. Among the trademark registration applications throughout the year, the number of service trademark registration applications was 3.22 million, accounting for 34.1% of the total applications, a year-on-year increase of 7.3%.

(2) Trademark review

In 2021, 10.568 million trademark registration reviews were completed, a year-on-year increase of 20.3%. The average review period for trademark registration applications has remained stable at 4 months, and under normal circumstances the trademark registration period has been compressed to 7 months. The quality management of the whole process of trademark registration has been further strengthened, the quality of examination and review has been further improved, and the pass rate of trademark examination and sampling has reached more than 97%.

The reform of the trademark registration review and approval mechanism has been fully implemented, and the "one review, one review, one review" mechanism for review and review by local trademark review collaboration centers and review and review by the Trademark Office has been officially launched, effectively strengthening the central power of trademark review. Establish a rapid review mechanism for trademark registration applications and formulate the "Measures for Rapid Review of Trademark Registration Applications (Trial)" to improve the efficiency of trademark authorization and confirmation.

(3) Trademark registration

In 2021, the number of trademark registrations was 7.739 million, a year-on-year increase of 34.3%. Among them, 7.545 million domestic trademarks were registered, accounting for 97.5% of the total, a year-on-year increase of 35.3%; 194,000 foreign trademarks were registered in China, accounting for 2.5% of the total, a year-on-year increase of 5.2%.

In 2021, preliminary approvals accounted for 56.9% of the number of trademark registration reviews and issuances in my country, partial rejections accounted for 15.2%, and rejections accounted for 27.8%.

(4) Number of valid registered trademarks

As of the end of 2021, the number of valid registered trademarks was 37.24 million, a year-on-year increase of 23.4%. Among them, there are 35.323 million valid domestic registered trademarks, accounting for 94.9% of the total, a year-on-year increase of 24.4%; there are 1.917 million foreign valid registered trademarks in China, accounting for 5.1% of the total, a year-on-year increase of 7.7%.

(5) Madrid trademark international registration application

In 2021, a total of 5,928 applications for Madrid trademark international registration submitted by Chinese applicants were received. As of the end of 2021, the cumulative number of valid Madrid trademark international registrations filed by Chinese applicants has reached 49,000. Madrid’s international trademark registration business is fully electronic, with the online application rate reaching 97%. The fully online application function has completely solved the instability problem of the international postal system caused by the foreign epidemic and effectively shortened the application cycle. As of the end of 2021, the average formal examination period for Chinese applicants’ Madrid trademark international registration applications has been shortened to 2 months.

In 2021, the top ten categories of goods and services with the most applications for Madrid trademark international registration by Chinese applicants are Category 9 (scientific instruments, computers, digital storage media, etc.), Category 7 (machines, machine tools, motors, etc.), Category 35 Class (advertising, commercial operations, etc.), Class 11 (lighting equipment, microwave ovens, refrigerators, etc.), Class 12 (vehicles, etc.), Class 25 (clothing, shoes, hats, etc.), Class 10 (surgery, medical Class 42 (scientific and technical services, etc.), Class 21 (household or kitchen utensils and containers, etc.) and Class 5 (drugs, etc.).

The top ten contracting parties designated by Chinese applicants are Russia, the United States, Japan, the United Kingdom, South Korea, Vietnam, Thailand, Indonesia, Australia, and Malaysia. The top ten provinces (cities) with the highest number of Madrid trademark international registration applications by Chinese applicants are Guangdong, Jiangsu, Zhejiang, Shanghai, Shandong, Fujian, Beijing, Anhui, Hebei and Hunan.

In 2021, 27,000 applications for territorial extension of Madrid trademark international registration were received from foreign applicants specifying China. The review period for territorial extension applications for international registration of Madrid trademarks designated in China has been shortened to 4 months, and the review period for international transfers, changes, and renewals has been shortened to 1 month, reaching the fastest level in history.

In 2021, foreign applicants designated the top five categories of goods and services with the highest number of applications for international registration of Madrid trademarks in China as Category 9 (scientific instruments, computers, digital storage media, etc.), Category 42 (scientific and technical services, etc.), Class 35 (advertising, commercial operations, etc.), Class 5 (drugs, etc.) and Class 25 (clothing, shoes, hats, etc.).

(6) Trademark objections

In 2021, 176,000 trademark opposition applications were accepted, a year-on-year increase of 31.1%, and 172,000 formal examinations and reviews of opposition applications were completed, and the formal review and review cycle for oppositions was shortened to 2.5 months. 164,000 objection reviews were completed, a year-on-year increase of 10.1%, and the average objection review period has been shortened to 11 months. Among the trademark opposition cases concluded in 2021, 38.6% were established, 10.4% were partially established, and 51.0% were not established. Malicious registrations were effectively curbed during the opposition procedure.

Opposition decision letters are fully disclosed on the China Trademark Online. In 2021, 162,000 decision letters were made public, effectively enhancing the transparency of trademark opposition work.

(7) Trademark review

In 2021, 473,000 applications for various trademark review cases were accepted, a year-on-year increase of 28.8%. Among them, 383,000 applications for rejection review were accepted, and 90,000 applications for complex cases involving both parties were accepted. Tried and adjudicated 383,000 review cases of various types, including 308,000 review cases with rejections and 74,000 complex cases involving both parties.

Actively carry out trademark review roving trials and set up 4 roving review tribunals in Tianjin, Jinan, Chengdu, and Yantai to provide parties with convenient, fast, smart, accurate, open and transparent trademark review services.

3. Geographical indications

(1) Geographical indication products

In 2021, 22 applications for the protection of geographical indication products were accepted, 99 geographical indication products were approved for protection, and 7,677 market entities were approved to use special signs for geographical indication products. As of the end of 2021, a total of 2,490 geographical indication products have been approved, and 17,000 market entities with special signs for geographical indications have been approved.

(2) Geographical indication trademarks

In 2021, 477 geographical indication trademarks were newly approved for registration; as of the end of 2021, a total of 6,562 geographical indication trademarks have been registered, including 215 geographical indication trademarks registered by foreign applicants.

Among the registered geographical indication trademarks, the largest number is used for goods in Class 31 (agricultural products, fresh fruits and vegetables, etc.), with a total of 3,346, accounting for 51.0% of all geographical indication trademarks; followed by those used for Class 29 (meat, Fish, eggs, milk, etc.) products and products for Category 30 (coffee, tea, rice, honey, etc.), 1178 and 1107 respectively, accounting for 18.0% and 16.9%. Data show that geographical indication trademarks are mainly registered in agricultural products and their primary processed products, Chinese medicinal materials, tea and porcelain, etc., and are most closely related to agriculture.

The top five provinces with the number of registered geographical indication trademarks are: Shandong Province (855), Fujian Province (594), Sichuan Province (552), Hubei Province (500) and Jiangsu Province (379). The number of geographical indication registrations in these five provinces accounts for 43.9% of the total number of registered geographical indication trademarks.

As of the end of 2021, a total of 215 foreign geographical indication trademarks had been approved for registration, an increase of 2.4% from the end of 2020. The top three countries are: France (154 cases), Italy (24 cases), and the United States (14 cases). The registration volume of the three countries accounts for 89.3% of the foreign geographical indication trademark registrations in China.

The top ten companies with the number of geographical indication trademarks owned by a single market entity are the French Bordeaux Wine Industry Joint Committee (141), Huai'an Huaiyin District Livestock Industry Association (Jiangsu, 34), Lianshui County Agricultural and Sideline Products Marketing Association (Jiangsu) , 25 cases), Hongze County Hongze Lake Agricultural Products Association (Jiangsu, 23 cases), Kashgar Rural Cooperative Economic Organization Association (Xinjiang; 21 cases), Jinhu County Agricultural and Sideline Products Marketing Association (Jiangsu, 20 cases), Menghai County Tea Technical Service Center (Yunnan, 17 cases), Pinghe County Specialty Products Association (Fujian, 17 cases), Jingning County Apple Production and Marketing Association (Gansu, 14 cases) and Yunxiao County Food Rapid Inspection Center (Fujian, 14 cases).

4. Integrated circuit layout design

In 2021, a total of 20,000 integrated circuit layout design registration applications were received, a year-on-year increase of 41.6%; 13,000 certificates were announced and issued, a year-on-year increase of 11.6%. Since the implementation of the "Regulations on the Protection of Integrated Circuit Layout Designs" on October 1, 2001, a total of 66,000 applications for registration of integrated circuit layout designs have been received, and 52,000 registration announcements and certificates have been issued.

As of the end of 2021, a total of 24 integrated circuit layout design revocation cases had been accepted, including 4 newly accepted integrated circuit layout design revocation cases that year; a total of 18 cases had been concluded.

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