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China Releases 14th Five-Year Plan Notice on Intellectual Property – China to More than Double Number of Foreign Patents by 2025

Update: Per Toby Mak, the new measure of satisfaction with first instance civil IP judgements may alternatively be understood as compliance with first instance civil IP judgements instead of percentage of cases not appealed.

On October 28, 2021, China’s State Council Released the 14th Five-Year Plan Notice of the National Intellectual Property Protection and Utilization Plan (“十四五”国家知识产权保护和运用规划).  The IP Plan lists main goals to be accomplished by 2025 with numerical indicators for some of the goals including increasing almost doubling the number of “high-value” patents per 10,000 people and more than doubling the number of foreign patents granted annually.

The IP Plan includes a table of main indicators, as reproduced below. High-value invention patents should increase 6.3 patents per 10,000 people to 12 per 10,000 by 2025. High-value invention patents refer to the number of valid invention patents per 10,000 population that are owned by Chinese and authorized by the China National Intellectual Property Administration that meets any of the following conditions:

  1. Invention patents for strategic emerging industries;

  2. Invention patents having corresponding foreign patents;

  3. Invention patents maintained more than 10 years;

  4. Invention patents with a relatively high pledge financing amount (mortgage);

  5. Invention patents that obtained the National Science and Technology Award and the China Patent Award.

Further, per the table, by 2025, foreign patents should more than double from 40,000 to 90,000; the amount of registered intellectual property pledge financing (mortgage of IP assets) should increase about 50%; the amount of IP licensing should increase about 10%; the value add for patent-intensive industries from 11.6% to 13.0%; the value add for the copyright industry should increase from 7.39% to 7.5%; society satisfaction rate with IP protection should increase from 80.05% to 82% and a new measure of satisfaction with the first instance civil IP judgments should reach 85% (presumably as measured by cases that aren’t appealed).

Non-numerical goals include improving the intellectual property legal policy system (e.g., laws and regulations); strengthening the judicial protection of intellectual property rights (e.g., special  IP courts); strengthening the administrative protection of intellectual property rights; strengthening the coordinated protection of intellectual property rights (e.g., mediation, arbitration, etc.); strengthen the protection of the source of intellectual property rights (e.g., patent incentives); improve technology and intellectual property transfer (e.g., grant universities the right and autonomy to dispose of intellectually property rights); promote the healthy development of the intellectual property industry (e.g., supervision of the industry); actively participate in the global governance of intellectual property rights (e.g., negotiate IP issues with trading partners); and more.

The full text is available here (Chinese only).

© 2023 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XI, Number 302

About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Principal and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software, the...