Nik Rao, worked at India
One would be crazy to file a patent in India. Unless it’s a company with a powerful legal team and a bank vault which is full of money. If someone disputes this patent or even infringes it, the poor inventor will waste his entire life fighting a slow moving court case which will probably pass to his/her grandchildren, when they die. Better to file in the US of A or some other better country. I have faith in the integrity of the judiciary of india, but have absolutely no faith in the people who elect criminals ( upto 50% of the elected representatives in the Indian parliamentary system have serious crimes like murder/ rape etc cases against them pending in court) . Why would the elected representative even want to increase the speed of justice? It’s not to their benefit. Net effect is that it impacts not just the very people who elect them, but also entrepreneurs, inventors and a whole range of productive contributors to the Indian economy.
Neena Kumtakar, domain investor, engineer
Indian go nment and its agencies like ntro do not respect the intellectual property rights of citizens and are openly involved in intellectual property theft from small business owners for a decade, so few citizens are motivated to innovate and file patents
In India, large companies in the it and internet sector including google,tata , are allegedly bribing ntro employees to steal the memory of small business owners without a legally valid reason, without any kind of compensation , using brainwave reading technology. These companies are specializing in demonizing the harmless small business owner without any legally valid proof, so that it is difficult to get any kind of help.
The memory is the intellectual property of the small business owner, yet it is stolen repeatedly since 2010 as these large companies do not wish to spend money on salaries, business expenses, stealing the memory of a small business owner by bribing corrupt go nment officials to steal memory is far more lucrative and profitable .
The small business owner whose memory is stolen works like a slave making very less money,is also subjected to identity theft, and held a virtual prisoner, with almost all correspondence diverted and stolen by the local intelligence and security agency employees.
译文来源：三泰虎 http://www.santaihu.com/47645.html 译者：Joyceliu
Ramesh Kakkad, Ph.D. from Pennsylvania State University
I worked in China (as well as other East Asian countries) as a scientist, and the quality of most of patents filed in China (and many East Asian countries) is crap. Quantity does not equal quality. Companies encourage to write patents as a corporate strategy but there is not much high level research going on. Patent filing goes towards employee evaluation (here the evaluation depends upon number of patents, not on quality). When the patent deadline is approaching, some people are scratching their heads to find something to write. What I have been doing all my life is to do good research and if the results are significant, I apply for a patent. Thus the East Asian approach (China, Korea etc) of ganging up on writing patents seems totally meaningless and waste of resources.
Dabru Anand, works at Chief Exective of Parakletos Worldwide Intelligence Network
Patent and granting is much slow process comparison to developed or under developing countries. Chinese go nment forces companies to give patents as much as possible. There have scientist to grant. If in calculations Indian patents are granted after 4 to 8 years whereas in China it takes a month time. Scientists prefer for opportunities to go abroad and do Research.
Government of India never plays on this important point.
Navdeep Singh, studied at Akademi Laut Malaysia
I just want to say one thing though. If in India one applies for a patent he can apply in his own name and the credit goes to the inventor. Whereas in china if one applies for a patent the credit goes to the entire organisation or the go nment instead .Thats the co unist theory. I am not commenting that one is better from another, I am just saying that this might just be a factor.
Companies in china may be promoting employees to innovate because it will benefit the company, whereas in India an employee inventing something means he may become bigger and richer than the employer/system, and so the companies/organisation undermine and discourage innovation.
Harvey Yuen, lives in Jiangmen
I am a Chinese, I do not know about India, but I can talk about my experience,I work in a small FPC factory ,My company is headquartered in Shenzhen.
The local go nment said to my company that if your company's annual patent reaches a certain amount, there will be a certain percentage of tax returns.The go nment has additional incentives. So my company introduced incentives for all employees:
If you put forward a good idea, the company reward up to 1,500 yuan.
If you apply for a patent through the company, the maximum reward of 500 yuan, if the patent application passed, additional rewards of 1,000 yuan.
If you have a patent, you can apply for additional incentives to the local go nment, the maximum award of 4,000 yuan.
In addition, if the company has invention patents and innovative technology, you can apply to the Shenzhen Municipal Government for incentives, up to 3 million yuan.If the Shenzhen Municipal Government through your reward, will apply for rewards to the country, up to 10 million yuan.
I am from a small city, my hometown welfare is not high, I hope to join the big city, if I have a patent, it will help me. Shenzhen naturalization needs to score 100 points, if you have a patent it will give the highest reward of 50 points.
PS:China's top leaders give great importance to innovation. talks about innovation
PS:I graduated from college many years ago, And I haven't been using English much since then. wrote with Google translation.
Patrick Donohue, Inventor
Originally Answered: Why has China been leading the world in patent filing, over 1.1 m patent filing in 2015 alone?
Do you know what the population of China is?
In 2011, estimates from the U.S. Census Bureau put China at 1.34 B. The United States is a distant third with 311.1 million people.
Of course given that was 5 years ago the number for China is much higher now.
(For the sake of argument and illustration, we will use these numbers.)
Now, to put this in perspective, there is one patent for every 1,218.18 Chinese.
Given 311.1 M US residents 589,410 patents granted in 2015 that's about one patent for every 5.28 people.
But these numbers are muddied by people/companies from foreign countries who apply for patents in other countries.
In China in 2004, there were roughly equal resident to non-resident applications. Fast-forward to 2014, and we see a dramatic growth in patent applications from residents – a more than 12-fold increase over 2004. By comparison, non-resident filings doubled.
So what we have here is a numbers game that needs to be cleaned up.
However the enormous size of China's population must be brought into focus. That number alone serves to explane much. It woul also be interesting to see the average age.
Though in the end there will be a much lower ratio of patents granted in the USA than in China or another way to put it is that the Chinese would need to grant 243 times more patents to catch up to the USA.
Mind you, these numbers are a gross estimation to illustrate the effect of population alone on the outcome of the Chinese patent numbers as that plays a major role.
Unfortunately I just don't have the time to be more accurate. But the basic picture is still there however fuzzy it may be.
(I am also be curious if there is a difference in the amount of time it takes the Chinese patent office to grant a foreign patent versus a domestic one.)
George Sawyer, Working in Intellectual Property since 1995
The Chinese go nment (both central and provincial) wants people to file patents and is making sure it happens.
The go nment provide substantial incentives to file patents. Many provinces will give you a tax credit that covers filing fees, some will give you a tax credit that will cover the cost of drafting the patent application - so filing patents is either very inexpensive or free. In certain provinces, any firm with more than a certain number of patents (3~5) qualify as a “high-tech” firm and qualify for a lower tax rate. Having patents was also promoted as a status symbol among millionaires.
The entire cost of getting a patent in China is much lower than any other major country, the process is very fast. The majority of patents in China are ‘utility patents’ which are basically approved with only minor review, so it is not clear what percentage of them actually contain ‘new’ inventions. Multi-national firms often notice that their suppliers in China extensively file patents on the technology they learn from their foreign customers.
A few patent infringement trials resulted in huge monetary settlements to Chinese firms, these were heavily publicized by the go nment, and provide further incentive for Chinese firms to file for patents.
Ray Comeau, lives in China (2009-present)
1 - The question is limited to the number of applications submitted not patents granted.
2- The majority of these patent applications are for Chinese patents.
3- Until 1990 China filed almost no patent applications.
Why the big change in the number of patent applications?
A - Until recently China’s legal system did not recognizes the concept of intellectual property rights.
B - The go nment has encouraged R&D work and filing patent applications.
C - China is now rated below the US as one of the best countries for science and it is now #2 in investment of R&D.
D - The financial rewards of a successful patent and/or the financial rewards for having you Chinese patent violated is now well understood by Chinese businesses.
Allen Inks, Many of the patent applications I prepare are filed in US and China (PRC)
Years ago, we would never advise our clients to file for patent protection in th People's Republic of China. It would have been a waste of money; you couldn't get a judgement against an infringer. Now we do, as the courts there are beginning to enforce patents, and we expect patent enforcement to continue and even get more robust as Chinese companies develop valuable IP of their own.
Aditya Kochhar, lives in India
True. However, the current Indian go nment has done a number of things to improve upon the current status and we may see the numbers rising in the future.
One important recent development is the Start-up India program: The start-up India program offers many incentives for patent filing, namely:
- a) the patent office fee for start-ups is miniscule in comparison or large companies. For example, the patent filing fee for startups is RS. 1600, while for large companies is RS. 8000 per patent application.
- b) fast track examination for startups, i.e. there is a fast track mechanism available for startups to get there applications processed within 1–2 years at max rather than the conventional 4–5 year process.
- c) tax benefits: if your company develops an innovative product and licensed the technology out, you will get tax benefits. There is a flat 10% tax on licensing revenue, which is much lower than the regular corporate income tax.
- d) SIPP scheme: there are a number of patent agents registered as startup facilitators whose professional fee is paid plby the go nment for filing a patent application for a registered startup. I.e. the startup only has to pay statutory fee, which is as low as rs. 1600.
- d) SIPP计划：注册为创业服务企业的专利代理机构数量众多，注册创业专利申请的专业费用由政府支付。也就是说，初创公司只需要支付法定费用，最低只需1600卢比。
However, there are still caviats in Indian policy, the University system still needs upgrading to start-with. Despite being the biggest engines of innovation in the country, universities are poised at a number of disadvantages, namely,
- a) lack of procedural and legal awareness, simply put, patent applications are to be filed before public display of the invention, it is crucial for protecting the invention. However, patents are mostly an afterthought if the project is lauded in public presentations. This public display results in loss of patent rights in many cases.
- b) Sub-optimal utilisation of funds: the universities are charged large entity fee for their patent filings: i.e. they are charged with fee that is equal to the fee charged to large companies. This makes it difficult and very expensive to hold patent application on limited funds of a university. Also, universities rarely make any profits out of their patents. Thus, unvirsity funds are sub-optimally utilised if not burdened by the current patent system. A better solution would be to treat universities as startup incubators.
- c) ownership of the patent is entirely of the University/institute, thus the inventors are not very much persuaded to take the invention forward.
There could be many bureaucratic hurdles that I have not mentioned, but these are the main ones according to my understanding.
However, things are moving in a positive direction and we can keep our fingers crossed as we may see a gradual rise in patent filings in India.
In a nutshell, right now in 2017, if you have an idea you want to patent and sell, you should register a startup in India to get the most out of your investment both in terms of money and time.
Global IP India, Obtaining & Protecting Intellectual Property Worldwide
This is a very interesting question. I had the honour of exhibiting in one of the biggest patent conferences in China last month. It was my first time to an IP event in China, and I was amazed by the rapid pace of development in China. Just to give you numbers, China sees more than 1 million patent applications every year. The number of professionals in China are mor than 100,000 and it is ecommon for a big patent firm in China to have more than 200 or so employees.
Below are few pictures of the biggest patent conference in China.
From the first day of conference, I was curious to explore about the reasons for such a high pace of development. Chinese patent office is one of the recent patent offices in the world. It was founded only in 1980. Yet it is seeing such huge numbers of IP filings. How and why?
Upon inquires, one of the points that was echoed by everyone who knows the field of patents in last 20 years. That of go nment support. The ubiquitous Chinese go nment places huge value in the value patent protection could bring to Chinese businesses and Chinese economic ecosystem. That is why it promotes Chinese corporations to file patents by encouraging tax breaks and other benefits.
Usually, the norm is that the incentive to innovate leads to patents. With China the theory is reverse. That is the incentive to file patents has driven their creativity. Against popular belief, I do not believe that all the inventions in China are sub standard. The level of their inventions are much higher than people believe.
In addition to that the Chinese go nment also considers patents of nationalistic pride. For their go nment, patent is a game they want to beat the west on. That is why they encourage Chinese companies to file a certain minimum numbers every year.