Source:China IP News
At the dawn of China's reform and opening up, the question of how to establish a patent system emerged as a critical challenge. With limited reference materials and experience, China took its first steps toward building a modern patent system by adopting a dual strategy of "going out" and "bringing in." Over the years, the Patent Law of the People's Republic of China has undergone several revisions, continuously shaping a patent system with distinct Chinese characteristics. This system not only aligns with the country's strategic needs at different stages of development but has also gained widespread recognition from the international community. This year marks the 40th anniversary of the Patent Law's implementation. Bilingual Weekly reflects on its evolution — deeply rooted in China's unique conditions while enriched by global best practices. We invite those who have contributed to, nurtured talent for, reported on, or benefited from this system to share their stories and insights.
Preparation
The Patent Law serves as the foundation of China's patent system. Since the drafting began in 1979, China has emphasized a comprehensive comparison of patent systems from various countries, and has received support from international organizations and relevant nations and regions. Notably, during the Diplomatic Conference on the revision of the Paris Convention for the Protection of Industrial Property in 1980, members of the Patent Law drafting team held 14 in-depth discussions — spanning over 30 hours — with Dr. Arpad Bogsch, then Director General of the World Intellectual Property Organization (WIPO), and other officials. These discussions played a crucial role in aligning China's Patent Law with international standards. Thanks to the concerted efforts of all parties, China successfully promulgated a modern patent law within a short time. This law not only conformed to international practices and global development trends but also aligned with China's national conditions. The Patent Law was well received both domestically and internationally. Dr. Bogsch hailed its promulgation as a "historic achievement."
Implementation
On April 1, 1985, the day the Patent Law came into effect, the Chinese Patent Office (the predecessor of the China National Intellectual Property Administration, CNIPA) received 3,455 patent applications from both Chinese and international applicants, setting a world record for daily patent filings at the time. Over the past 40 years, the Patent Law has undergone four amendments, each aimed at strengthening alignment with international standards and enhancing the role of the patent system in supporting China's high-level opening up. The number of patent applications filed by Chinese applicants under the Patent Cooperation Treaty (PCT) surged from just 98 in 1994 to the highest in the world in 2019. In 2022, China joined the Hague Agreement Concerning the International Registration of Industrial Designs, and by 2024, Chinese applicants led the world in the number of international design applications filed through the Hague System. The deep integration of China's patent system with international intellectual property (IP) treaties not only enhances convenience for both Chinese and foreign applicants but also expands opportunities for building an open world economy and fostering global cooperation in scientific and technological innovation.
Talent
Talent cultivation has always been a priority in the development of China's patent system. As early as the 1980s, despite financial constraints, the Chinese Patent Office actively engaged in international exchanges and cooperation, sending key personnel to countries with well-established IP systems for advanced training in patent law, examination, documentation, and other fields. Since the 18th National Congress of the Communist Party of China, the country has placed greater emphasis on cultivating high-level IP talent and strengthening the development of a "4+1" talent framework spanning IP protection, utilization, public services, internationalization, and foundational research. Significant progress has been made in IP talent development. By the end of 2024, China's IP talent pool had surpassed 900,000, with a growing number of professionals, including patent examiners and agents. Meanwhile, patent training programs have become increasingly specialized and diversified, further strengthening the country's innovation ecosystem.
Cooperation
The CNIPA has established Patent Prosecution Highway (PPH) cooperation with patent examination agencies in 33 countries or regions. Additionally, it has acted as the International Searching Authority and the International Preliminary Examining Authority under the PCT for more than 10 countries. Over the past 40 years, China has engaged in fruitful cooperation in patent with WIPO and IP administrations from various countries and regions. China's patent system has always been open to the world, laying a solid foundation for integrating into the global innovation system. Today, China has joined nearly all major international IP treaties and established a new international IP cooperation framework featuring multilateral, regional, plurilateral, and bilateral collaboration in a coordinated and synergistic manner. Working together with IP system stakeholders from around the world, China is striving to ensure that more innovative achievements benefit countries globally.
