Rolf Claessen's IP Newsflash
Dr. Rolf Claessen ??
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Insights from the Study on PCT Filing Behaviors of Chinese Patent Applicants
In a recent article written together with Aloys Hüttermann and Deepak Syal, new data reveals intriguing trends in the use of the Patent Cooperation Treaty (PCT) by Chinese patent applicants compared to their European counterparts.
Key Findings:
1.?? National Phase Entry: Chinese applicants are less likely to enter the national phase of their PCT applications, with only about 50-60% proceeding, compared to European applicants, where over 94% of PCT applications with European priority proceed to national phases.
2.?? Reasons for PCT Usage: Chinese filers often use PCT applications to get a quicker assessment of patentability due to long wait times for national patent application research outcomes in China. Notably, the research time in China has historically exceeded the 12-month priority period, which has not been the case in Europe.
3.?? Shift in Application Strategy: Recent trends show a notable increase in Chinese applicants initially filing with the European Patent Office (EPO) instead of the Chinese patent office (CNIPA). This strategy leverages the EPO’s quicker search reports, beneficial for making strategic decisions about patent applications earlier.
4.?? Nationalization Rates: The study also highlights a significant disparity in nationalization rates between different jurisdictions. The U.S., China, and Europe are the most common nationalization destinations for Chinese PCT filings, with growing interest in Germany as a key market.
5.?? Future Implications: As CNIPA improves its search times — now closer to within the priority year — there might be a shift back to filing first in China due to lower costs and improved efficiency, which could reshape global patent filing strategies.
This research underscores the dynamic nature of global patent strategies and the significant role of administrative efficiencies in shaping international patent filings.
For a deeper dive into this study, feel free to read the original publication:
R. Claessen, A. Hüttermann, D. Syal "PCT-Nutzungsverhalten von chinesischen Patentanmeldern" in "Festschrift für Thomas Kühnen", Hrsg. Harmsen / Verhauwen, Carl Heymanns Verlag, 2024, S. 195
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