Increasing requests for patent evaluation
Published on 10/10 2015
Source: China Daily
The design patent evaluation report system has been gradually recognized and won greaterattention by the public, with requests for such reports growing rapidly, according to the StateIntellectual 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 thirdamendment, which took effect on Oct 1, 2009.
As an important supplement to the patent preliminary examination system, the patent evaluationreport system has effectively promoted the stability of patent rights.
As the examinations for utility patents and design patents are not as strictas for invention patents, patent owners or other interested parties canrequest a patent evaluation report based on a search for related patentsthat carry analysis and evaluation of whether they comply with patent lawand meet the conditions for authorization.
The report is an official quality evaluation and can be used as a certificatedocument or evidence.
In patent infringement disputes involving utility and design patents, courtsor government agencies may require the patent owner or interestedparties to issue a patent evaluation report.
According to SIPO, requests for patent evaluation reports rose rapidly since 2010 when it beganto receive such requests. In 2010, only 33 requests were received but in 2014, the number grewto 4,052.
This year, 3,311 report requests were received by Aug 15, a 53 percent increase from the sameperiod in 2014.
Officials from the design patent review department said the product types for which they receivemost patent evaluation requests are mainly in fields that are close to people's daily lives, such asfurniture, home decoration, lighting, packaging, communications and transportation equipment.
From the perspective of the public, patent evaluation reports have played an increasinglyimportant role in court proceedings, legal protection in e-commerce, and archival filingmanagement in customs, officials said.
To ensure the authority and accuracy of the patent evaluation reports, the design patent reviewdepartment has developed a strict, standardized process. Experts are also invited to giveopinions when problems occur in the evaluation report so as to ensure it can withstand scrutinyand testing.
A special training work team has also been set up to constantly improve the quality of patentevaluation reports through training programs, qualification accreditation, seminars and exchangeprograms.