Patent system of the People’s Republic of China: its development and features of patenting inventions and utility models

At present, when special attention was paid to the exchange of the latest technologies between Russia and China, the problems of mutual patenting of inventions and utility models are becoming especially urgent. Practice shows that the level of mutual patenting does not yet fully correspond to the pace of development of economic and technical cooperation between the two countries. One of the reasons for this is the insufficient study of the PRC experience in relation to the specifics of the PRC patent system, as well as the insufficient awareness of Russian applicants about the features and requirements for patenting these objects in this country. This determines the particular relevance and necessity of a more in-depth study of the main provisions and norms of the Patent Law of the PRC and the practice of its application. The purpose of the study was to consider the main stages and factors of the formation of the patent system of the PRC, including measures of state support for its development, as well as stimulation of filing patent applications and the creation of additional legal mechanisms aimed at the implementation and use of inventions and utility models. The work was carried out by using general scientific methods of formal-logical, comparative and systemic analysis. The result of the authors’ work was a systematic and comparative presentation of a large volume of information material concerning the procedures and requirements for filing and examination of patent applications, as well as performing post-registration procedures. Specific features of Chinese legislation are considered in particular in comparison with Russian norms. Some basic recommendations for choosing the most optimal approaches and options for patenting are given. The results of the work may be of interest both to developers of regulatory documents and to persons involved in specific issues of foreign patenting.

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