China Becomes Top Filer of International Patents in 2019

By José Santacroce. Partner and Head of Patent Department.

The World Intellectual Property Organization (WIPO) published on 7 April 2020 a press release summarizing the main activities of the Organization in 2019.

The highlights of the above-mentioned press release are the following:

With 58,990 applications filed in 2019 via WIPO’s Patent Cooperation Treaty (PCT) System, China ended the United States (57,840 applications in 2019) reign as the biggest user of the PCT System, a position previously held by the U.S. each year since the PCT began operations in 1978.

International patent applications filed via the PCT grew by 5.2% (265,800 applications) in 2019, while international trademark applications via the Madrid System for the International Registration of Marks increased by 5.7% (64,400 applications). Protection for industrial designs via the Hague System for the International Registration of Industrial Designs saw a 10.4% growth (21,807 designs).

International patent system, Patent Cooperation Treaty (PCT)

In 2019, the top ten users of the PCT were: China (58,990 PCT applications), the U.S (57,840), Japan (52,660), Germany (19,353), Republic of Korea (19,085), France (7,934), United Kingdom (5,786), Switzerland (4,610), Sweden (4,185) and Netherlands (4,011).

Top PCT Applicants:

For the third consecutive year, China-based telecoms giant Huawei Technologies, with 4,411 published PCT applications, was the top corporate filer in 2019. It was followed by:

• Mitsubishi Electric Corp. of Japan (2,661);
• Samsung Electronics of the Republic of Korea (2,334);
• Qualcomm Inc. of the U.S. (2,127);
• Guang Dong Oppo Mobile Telecommunications of China (1,927);
• Boe Technology Group of China (1,813);
• Ericsson of Sweden (1,698);
• Ping An Technology of China (1,691);
• Robert Bosch of Germany (1,687);
• LG Electronics of the Republic of Korea (1,646);
• LG Chem of the Republic of Korea (1,624);
• Panasonic of Japan (1,567);
• Sony (1,566);
• Hewlett-Packard of U.S. (1,507) and
• Microsoft of U.S. (1,370).

Top technologies:

Among fields of technology, computer technology (8.7% of total) accounted for the largest share of published PCT applications, followed by digital communication (7.7%), electrical machinery (7%), medical technology (6.9%) and measurement (4.7%). Among the top 10 technologies, semiconductors (+12%) and computer technology (+11.9%) were the fields with the highest rates of growth in 2019.

International trademark system (Madrid System)

U.S.-based applicants (10,087) filed the largest number of international trademark applications using WIPO’s Madrid System in 2019, followed by those located in Germany (7,700), China (6,339), France (4,437), Switzerland (3,729), United Kingdom (3,460), Japan (3,160), Italy (2,649), Australia (2,094) and Turkey (1,980).

Top Madrid filers:

L’Oréal of France with 189 applications headed the list of top filers, followed by Novartis AG of Switzerland (135), Huawei Technologies of China (131), Nirsan Connect Private Limited of India (124), Rigo Trading of Luxembourg (103), Apple of U.S. (101), Shiseido of Japan (84), BMW of Germany (78), Henkel of Germany (77) and Richter Gedeon of Hungary (69).

Top classes:

The most-specified class in international applications – computers and electronics – accounted for 10.1% of the total, followed by services for business (8.3%) and technological services (6.7%). Among the top 10 classes, pharmaceuticals and other preparations for medical purposes (+12.4%), and services in the area of education, training, entertainment, sporting and cultural activities (+9.6%) saw the fastest growth.

International design system (Hague System)

The number of designs contained in applications filed under the Hague System grew by 10.4% in 2019, reaching a record 21,807 designs.

Germany, with 4,487 designs, continued to be the largest user of the international design system. The Republic of Korea (2,736 designs) surpassed Switzerland (2,178) to become the second largest users of the Hague System in 2019. Italy and the Netherlands ranked fourth and fifth, respectively, with 1,994 and 1,376 designs.

Top Hague filers:

Samsung Electronics of the Republic of Korea with 929 designs in published registrations headed the list of top filers, followed by Fonkel Meubel marketing of the Netherlands (859), LG Electronics of the Republic of Korea (598), Volkswagen of Germany (536) and Procter & Gamble of the U.S. (410).

Top fields:

Designs related to recording and communication equipment (13.6%) accounted for the largest share of total designs in 2019 followed by furnishing (10.1%); means of transport (9.4%); packages and containers (6.4%); and lighting apparatus (6.2%). Among the top 10 classes, recording and communication equipment (+46.4%) and clothing (+35.1) saw the fastest growth.

Source: www.wipo.org

EPO and Chinese IP Office Enhance their Comprehensive Strategic Partnership

By José Santacroce. Partner and Head of Patent Department.

Patent Cooperation Treaty (PCT)

At their annual meeting in Suzhou on 12 November 2019, EPO President António Campinos and the Commissioner of the China National Intellectual Property Administration (CNIPA), Shen Changyu, agreed to enhance their bilateral co-operation in the framework of the Patent Cooperation Treaty (PCT). The aim is to give patent applicants filing an international patent application in English at the CNIPA as Receiving Office the choice to opt for the EPO as their International Searching Authority (ISA).

It is expected that this new option will be offered in the course of next year, and be implemented as a two-year pilot programme.

EPO AND CNPIA

CNIPA Commissioner Dr. Shen Changyu said: “The EPO and CNIPA are comprehensive strategic partners. For more than 30 years, the two offices have maintained a long-term close co-operative relationship. The fruitful cooperation results greatly benefited users and the public both in Europe and China. The two offices reached consensus on the designation of EPO as an ISA of the PCT international patent application in English filed at the CNIPA as Receiving Office. It will further benefit PCT applicants in China and even around the world. It is also a solid step for China to further enhance its international co-operation on IP protection”.

“This is a significant step forward in our strategic co-operation with China in the area of patents,” said EPO President Campinos. “The EPO is truly honoured by this sign of trust put in its PCT products, and we are committed to delivering the best possible services to patent applicants from China and around the world. This development reflects the longstanding and close bilateral relations with CNIPA, a co-operation which benefits not only our offices, but also companies and inventors seeking to protect their inventions in international markets.”

For Chinese applicants, this step will offer an additional option to optimise their international patent strategy, especially when considering protection in Europe. As a result, Chinese users interested in accelerating the prosecution of their applications will, by selecting the EPO as their ISA, gain up to one year by entering into the European phase earlier and getting direct examination of their files, without the need for a European supplementary search.

EPO-CNIPA co-operation, comparative study on computer-implemented inventions

Bilateral co-operation between the EPO and CNIPA dates back more than 30 years to the signing of a first memorandum of understanding between the two patent offices in 1985. In 2017 the EPO and Chinese office elevated their co-operation to a comprehensive strategic partnership, the first such agreement between two major patent offices.

In recent years, technology related to computer-Implemented inventions (CII) has evolved rapidly, and CII-related patent applications have increased significantly. National IP offices and patent applicants around the world face new challenges as these technologies play a larger role in other areas of innovation. In response to these challenges, CNIPA and the EPO worked together to produce a joint study outlining the similarities and differences of examination practices specific to software-related inventions. The heads of the EPO and CNIPA launched this joint report at a public IP event in Nanjing on Monday. The findings are expected to provide practical guidance to applicants about what to expect when filing CII applications at the two offices.

CNIPA received more than 1.5 million applications for invention patents in 2018. China is now the fifth most active country of origin for European patent applications, with strong growth from Chinese applicants at the EPO in recent years (+8.8% in 2018).

Source: www.epo.org

PTO established as PCT ISA/IPEA

By Marta Garcia

Since October 2014, the Chilean National Institute of Industrial Property (INAPI) has been working as a competent International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for patent applications filed under the Patent Cooperation Treaty (PCT).

The following 12 Latin American and Caribbean countries have designated the INAPI as PCT ISA/IPEA: Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador,Guatemala, Mexico, Panama, Peru, Dominican Republic and Trinidad and Tobago.

Since January 1, 2018, INAPI can also issue international search reports and international preliminary patentability reports both in Spanish and English, thus facilitating the designation of this office as PCT ISA/IPEA by Caribbean countries – such as Trinidad and Tobago – where English is the official language.

During 2017, 262 applicants –51% of which were non-Chilean applicants –designated the INAPI as ISA.This marks an increase of 19% over 2016, and 44% over 2015. Almost half of the patent applications designating INAPI as ISA since 2014 were in the mechanical field.

In its role as IPEA, INAPI received 19 patent applications in 2017 to perform an international preliminary patentability report, compared to the six applications received in 2016.

In its role as PCT Receiving Office (RO), during 2017 INAPI received 141 applications, 67% of which were filed electronically through its ePCT system.

Currently, there are 23 Patent Offices worldwide working as PCT ISA/IPEA. In Latin America, the Chilean INAPI and the Brazilian National Institute of Industrial Property (INPI), are the two only Patent Offices to have been designated as PCT ISA/IPEA.

Source: https://www.inapi.cl