Written by Ming LIU and Xiao HAN (Nicole)

 

In recent years, Chinese government has resolutely cracked down all kinds of abnormal (low-quality) patentfiling behaviors. The aim is to ensure the realization of the legislative purpose of the Patent Law of encouraging genuine innovation activities, abiding by the principle of good faith, and comprehensively improving the quality of patents.

 

In Guangzhou, the region with the highest number of patent filings in China, actions have been taken to resolutely eliminate abnormal patent filing behaviors from the source. Recently, the Guangzhou Municipal Administration for Market Regulation issued a notification on the rectification of abnormal patent applications in 2022. The notification includes the following contents:

 

1. Urging the withdrawal of relevant applications

 

The first batch of abnormal patent applications in Guangzhou in 2022 is comprised of 5,029 abnormal patent applications with applicants’ addresses in Guangzhou and 3,363 abnormal patent applications in Guangdong province represented by the patent agencies registered in Guangzhou. Guangzhou government pays great attention to this and will make a check and rectification as soon as possible, instruct relevant patent applicants and patent agencies to withdraw all abnormal patent applications, and submit appeal materials timely for cases with real objections.

 

2. Focusing on rectification of repeated filings

 

It was notified that there were circumstances that the same abnormal patent application was filed again after voluntary withdrawal in Guangzhou in 2022. Especially the same patent agency and patent attorney filed the same abnormal patent application again after voluntary withdrawal. Those who repeatedly filed abnormal applications will be dealt with strictly in accordance with laws and regulations. Investigations will be conducted on relevant patent agencies and patent attorneys, and suspected illegal and criminal clues will be timely transferred to related departments.

 

China's intellectual property work is changing from pursuing quantity to improving quality.