In July 2016, the State Intellectual Property Office of the P.R.C (SIPO) released The 2015 Report on Patent Survey in China, which was the first time that the SIPO released a report on national patent survey. Statistics on Patent Enforcement Measures and Infringement are shown as follows.

(Table 1) Enforcement Measures Taken by Patent Owners (%)

Measure

Company

University

Scientific Research

Institute

Individual

General

Complaint before Administrative authority

11.5

30.3

5.6

16.9

13.8

lawsuit before Court

16.5

3.8

16.8

8.8

13.2

Both Complaint and lawsuit

11.2

35.0

7.6

3.9

8.0

No actions

32.9

15.7

35.3

45.1

38.2

Warning Letter requesting stop of infringement

27.8

15.2

34.6

25.3

26.8

(Note: Effective number of respondents: 2036 companies, 60 universities, 83 scientific research institutions, and 98 individuals, 2277 in total.)

38.2% of the patent owners do not take any actions when facing patent infringements. Among the no-action patent owners, 15.7% are universities, obviously lower than other three patentees (over 30.0%).

It’s worth noticing that scientific research institutions, companies, and individuals prefer to send “warning letter”, accounting for respectively 34.6%, 27.8% and 25.3%; Universities prefer to “both Compliant and lawsuit” and “complaint before administrative authority, both over 30%.

(Table 2) Protection Measures Patent Owners hope to take (%)

Measure

Company

University

Scientific Research Institute

Individual

General

Complaint before Patent Authority, for example, through hotline12330

44.6

48.8

40.3

46.6

45.7

Lawsuit directly before  court

23

23.9

21.5

25.3

24.3

Initiative enforcement of Patent management Authority

62.8

57.1

58.4

58.6

60.4

Not Mind

1.9

0.8

2.3

3.7

2.9

Negotiation

29.2

37.3

34.8

23.6

26.2

Others

0.2

0.1

1.9

0

0.1

Total

161.8

168

159.3

157.8

159.6

(Note: Effective number of respondents: 7460 companies, 437 universities, 456 scientific research institutions, and 543 individuals, 8896 in total. Total percentage exceeds 100% as the questionnaire is a multiple-choice one.)

As to the question “which measure do they want most to take? The answer is not obvious different among different types of patent owners. In general, 60.4% of patent owners hope the administrative authority to take initiative actions against infringement, while 45.7% of patent owners want to file complaints before the administrative authorities.

(Table 3) Which infringement caused most damages (%)?  

Type

Company

University

Scientific Research Institute

Trade secret

42.2

3

27.2

Trademark

13.3

7.2

1.7

Patent

31.4

52.4

37.3

Copyright (book, software, movie & television works, etc.)

0.8

13.6

5

Other IP rights (integrated circuit, new variety of plant, etc.)

1.6

5.6

7.2

Not big differences

10.8

18.1

21.6

(Note: Effective number of respondents: 7468 companies, 438 universities and 459 scientific research institutions.)

Companies suffered most on trade secrets infringements. For universities, the damages on patent represented over 50%, damages on copyright ranked the second. For scientific research institutions, infringements on patent and trademark secrets caused the most damages, and the former represented 37.3% of the damages.

Source: http://www.sipo.gov.cn/tjxx/yjcg/201607/t20160701_1277842.html