Comparison between Domestic and Foreign Chemical Patent Applications
Year:1998 ISSUE:29
COLUMN:SPECIAL REPORT
Click:187 DateTime:Jan.04,2006
Comparison between Domestic and Foreign
Chemical Patent Applications
Gan Tao
It is reported that the comparison between domestic and
foreign chemical patent applications shows the following
features:
1. Domestic patent applications have a greater number than
foreign patent applications, but the quality is not as good.
In all chemical patent applications, there are 28 773
foreign applications and 33 670 domestic applications. The
total number of domestic applications is greater than
foreign applications, but there is a considerable gap in
quality. Most of foreign chemical patent applications are
invention patent applications ( applications for utility
model patent being only 73). In the domestic chemical
patent applications, however, there are 13 888
applications for utility model patent, accounting for more
than 40% of the total. In terms of invention patent
applications, the absolute number of foreign applications
is 28 700, being 45% more than 19 782 domestic applications.
It shows that patents applied for by foreign applicants in
China have a high technical level, and commonplace
innovations such as utility model will not apply for
patent in China. It also shows that there is a
considerable gap between the domestic technical level and
the foreign technical level in the chemical industry.
2. Comparison of patent application number among various
chemical sectors
According to the statistical data, the sector with most
patent applications is the organic chemical sector. There
are 14 191 patent applications in the sector, 7 times
greater than the number in the dyestuff sector ( 1 959) .
There are more than 4 000 patent applications in sectors
of high polymers, plastics and pesticides. Chemical
fertilizers and inorganic chemicals have a wide coverage
and large production scale, but the number of patent
applications is relatively small. It shows that the
production technologies in these sectors are already
mature and there are not many new research results.
3. Comparison of chemical invention patent application
between China and foreign countries
In chemical invention patent applications received by China
Patent Office, the rate of authorization in foreign
applications accounts for 29%, a little higher than the
rate of authorization in domestic applications which
accounts for 27%. In 14 075 domestic and foreign
authorized patents, there are 12 723 service inventions,
accounting for 90% of the total. As invention patents have
high technical contents, authorized patents should have
substantive characteristics and outstanding advancement.
Therefore most of inventions with patentability are
service inventions. Innovations made by individuals
usually can not reach that level and therefore most of
them fail to be granted the patent right.
Almost all ( 99. 7%) foreign patent applications are
invention patent applications. In foreign invention patent
applications, there are 12 723 service inventions and 736
non-service inventions. Service inventions account for
around 97% of the total. Foreign patent applications in
the chemical industry are in fact foreign service
invention applications. All the patents applied by foreign
companies in China have a high technical level. There is a
clear intention of their occupying the Chinese market
through monopoly of advanced technologies. In domestic
invention patent applications, there are 12 015 service
inventions and 7 767 non-service inventions. Non- service
inventions account for 39.3% of the total. There is a
sharp contrast between domestic and foreign invention
patent applications. It explains the reason in a way for
the lower rate of authorization in domestic inventions
than foreign inventions. We can also see from the data
that the sense of patent protection has not reached a due
level in research and development departments and
production departments in China. The poor sense of patent
protection has caused some unnecessary losses of
technologies and property rights. Due to various factors,
some inventions should have belonged to service inventions
have now become non-service inventions.
4. Comparison of utility model patent application between
China and foreign countries
In patent applications accepted by China Patent Office,
utility model patent applications are far greater in
number than invention patent applications. It shows that
utility model patents are easier than invention patents.
In the chemical industry, however, innovations are