Guest post: China’s patent revolution - from imitation to innovation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Guest post: China’s patent revolution - from imitation to innovation

Mill Joan 100

When one thinks of world-leading innovation, dynamic technology and scientific breakthroughs, China is not always the first country to spring to mind. By Joan Mill, CEO, Novum Global Strategies

Mill Joan
Joan Mill

However, since the late 1990s, China’s dramatic economic growth has forced it to focus on integrating with the global IP machine much more closely. This need is further encouraged by the Chinese government, which provides financial incentives to support patent filings. But is Beijing’s strategy working? The short answer is yes. According to the 2014 edition of the World Intellectual Property Indicators, China’s State Intellectual Property Office (SIPO) led worldwide patent application filings by a large margin for the third year in a row, with 825,136 filed in 2013. This margin is up 26.4% over 2012.

Many believe that a main reason for the growing number of Chinese patents in Europe is a need to catch up with the pack. China’s stock of international patents remains small compared with its R&D spending. However, should Chinese companies want to compete for business in Europe, they will need to ensure that the underlying IP in their technology is owned by them and legal in the EU.

The issue of legality is often viewed as a provocative topic when it comes to China as its reputation for producing imitations of everything from luxury items, cars and computers continues to hold. However, foreign corporations do not appear to be deterred by this as they increasingly seek protection for their innovations in China. This provides the Chinese IP community, and its inventors, with a much needed boost as it encourages further investment in Chinese innovation.

Although the concern around imitation exists for many, foreign corporations are using a different method – rather than abstinence – in order to engage with the region. As China is set to become the largest marketplace in the world, foreign companies are increasingly filling patents in China to hedge the risk of future infringement by Chinese companies. All things considered, this could be a very shrewd move.

While China accounts for approximately 10% of patents filed at the EPO, when it comes to patents granted the proportion drops to a mere 2%.

China’s exploding number of applications and increased IP activity is no secret in the industry. However, while the number of applications increases, a direct link to an equivalent increase in market value has arguably not been seen. While China accounts for approximately 10% of patents filed at the EPO, when it comes to patents granted the proportion drops to a mere 2%.

Has the need to increase applications and integrate into the global IP machine with the financial backing of the government taken over from the simple need for valuable innovation and ideas? One could argue that China is somewhere in the middle. Like a sieve, once the high volume of applications has been shaken, some exciting, valuable and novel innovations will no doubt be left. If this keeps us talking about China whilst aiding in the discovery of a few powerful inventions, perhaps the Chinese strategy works! Let’s watch this space to see what the application to grant conversion rate looks like in the near future. In the meantime, something tells me it will increase.

more from across site and SHARED ros bottom lb

More from across our site

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article