China dominating in the race to file tech patents

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Delicieuxz

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According to a study by Nikkei, as of 2017, China was the world's leading tech patent filer in 9 out of 10 categories. That represents a notable change from pre 2013, when the US typically held the lead in half of the 10 categories, while China didn't even hold the 2nd position in half of the categories until 2009

Since 2013, when China and the US were tied for the number of tech categories in which they filed the most patents, China continued to pull ahead in more categories.

Report overview: China beats US in key patents to secure technological dominance – report

Report presentation: Patent Wars in Digital Era

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TOKYO -- China and the U.S. are competing to be the world's technological master 10 years from now, according to a Nikkei study of patent data in 10 categories, including artificial intelligence, blockchain and drones. Judging by the number of applications filed, China has pulled away in nine of the 10 categories, with tech giants Baidu and Alibaba Group Holding proving to be the major innovators.

According to another data set, one that measures patent quality, the U.S. remains a formidable force. By this yardstick, 64 of the global top 100 companies are currently American.
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China scored an overwhelming victory in 2017, holding the top spot in nine categories. It accounted for 49% of all applications in all 10 categories that year.
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let me see if I have this correct:

China has been stealing US and other County's intellectual property for over 2 decades and so, they are now the Worldwide Leader in filing patents :rolleyes:
 
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Dear China,

I.O.U soul x1. You know why.

Yours for eternity,
The United States
XOXOXOXOXO
 
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HAL_404 said:
let me see if I have this correct:

China has been stealing US and other County's intellectual property for over 2 decades and so, they are now the Worldwide Leader in filing patents :rolleyes:
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Probably 1 out of 10 patents are innovative. The other 9 are defensive to protect an innovation or to extend a patent. Someone patents an elevator suspended by 1 cable. Someone else could patent one suspended two cables.

But we have giving them most of the US industrial base and NEED is the mother of invention. We don't need to innovate in multiple areas anymore. The one thing that is our conscious fault is giving them their pick of Engineering Universities. I think one University's Engineering Dean is Chinese Military. And unlike us, their best get the best opportunity while here its who you know and who you blow. With any sense of pro-Americanism stripped from Universities they act purely in self interest wrt China, making secret technology transfer deals.
 
I dont see anywhere that it mentions WHERE the patents are being filed. In the US? In China? EU? If Chinese companies are not filing patents in the US, then it doesnt matter at all because the US will only enforce US patents. If they are filing patents in China, then it doesnt matter at all because patent or not China will always side with its own. And if the US files any patents in China, then Chinese companies will just look at the patent, go "oh that's how they did it" and proceed to start copying the design so why even bother?
 
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EniGmA1987 said:
I dont see anywhere that it mentions WHERE the patents are being filed. In the US? In China? If Chinese companies are not filing patents in the US, then it doesnt matter at all because the US will only enforce US patents. If they are filing patents in China, then it doesnt matter at all because patent or not China will always side with its own.
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Patents generally apply internationally.

http://www.iphandbook.org/handbook/ch10/p08/
The Paris Convention, formally known as the Paris Convention for the Protection of Industrial Property, established the system of priority rights that is now internationally accepted. The United States and 171 other countries are signatories to the Paris Convention Treaty, and the signatories are sometimes collectively referred to as the “Paris Union.”2

Under the Paris Convention Treaty, if an inventor files a patent or trademark application in another Paris Convention member nation within 12 months of the priority date, he or she is granted the right of priority: in other words, his or her patent or trademark application will take precedence over that of any identical patent or trademark application filed in the second country. Therefore, an inventor will not lose patent rights even if it takes him or her a long time to transfer the application to another country and have it translated into that country’s language. Since the Paris Convention Treaty is reciprocal (in other words, country A must accord to the inventors of country B the same right of priority as country B accords to the inventors of country A), no member has an advantage over any other.

Not every country is a member of the Paris Union. However, some countries that are not signatories of the Paris Convention Treaty, such as Thailand, have entered into bilateral treaties with the United States that grant inventors rights similar to the right of priority.
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Countries in green in this image are party to the Paris Convention.
https://en.wikipedia.org/wiki/Paris_Convention_for_the_Protection_of_Industrial_Propertynvention_for_the_Protection_of_Industrial_Property.png
 
Delicieuxz said:
Patents generally apply internationally.

http://www.iphandbook.org/handbook/ch10/p08/


Countries in green in this image are party to the Paris Convention.
https://en.wikipedia.org/wiki/Paris_Convention_for_the_Protection_of_Industrial_PropertyView attachment 224052
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This information is wrong, or just misunderstood. Just because you file a patent in the United States and obtain a patent in the United States, does not mean that you are automatically granted the same patent in a member nation. This is very important to understand:

In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted (e.g. if the applicant becomes owners of a patent or of a registered trademark), the owner benefits from the same protection and the same legal remedy against any infringement as if the owner was a national owner of this right.
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All that this convention does is allow for a person or entity in the United States (for example) to file a patent in France or Germany (or any other member state) and be granted the same access to that nation's respective patent process and relief under all their applicable laws. It does not mean that just because you are granted a patent in the United States, that you will automatically be given the same patent in every other member nation, or that France will uphold a United States patent. There are jurisdiction issues at play.

According to Articles 4bis and 6 (for patents and trademarks respectively), for foreigners, the application for a patent or the registration of a trademark shall be determined by the member state in accordance with their national law and not by the decision of the country of origin or any other countries. Patent applications and trademark registrations are independent among contracting countries.
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I know this, because in my college, we have an administrator solely dedicated to IP licensing and patent law. My group has filed for, and obtained, patents over the years, and it is always a question about which other countries we want to file patents in. It is cost prohibitive to do so, which is why the University usually subsidizes the cost (but then takes a huge ownership stake). You end up getting very strategic about where to file, and no one ever bothers to file in China because it is well known that Chinese courts will side in patent cases with Chinese companies unless you spend a lot of time and money fighting it.
 
Does this mean we get to ignore their patents and intellectual properties, just as they ignored the world's patents and properties to get where they are now?
(snarky response, but seriously):banghead:
 
Psychonic said:
Does this mean we get to ignore their patents and intellectual properties, just as they ignored the world's patents and properties to get where they are now?
(snarky response, but seriously):banghead:
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We don't need to go that route. We can just use our national influence to prevent Chinese companies from selling their technology in the Western world (see the 5G/Huawei issue).
 
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