The CNIPA: Intensify Crackdown on Abnormal Patent Application (November 2021)

In order to improve the quality and efficiency of IPR examination and shift from the pursuit of quantity to the improvement of quality, on March 11, 2021, the CNIPA issued the Announcement on Measures for Regulating Patent Application Behavior (No. 411, hereinafter referred to as the Measures). Article 2.1 of the Measures provides the basic definition of abnormal patent application behavior: any unit or individual, not for the purpose of protecting innovation, not based on real invention or creation activities, submitting various patent applications, acting as patent applications, transferring patent application rights or patent rights alone or jointly in order to seek illegitimate interests or fictitious innovation performance and service performance, qualifies as an abnormal patent application.

In light of the current behavior of some agencies engaging in abnormal patent application, the CNIPA issued a notice on November 8, 2021, in which a number of patent agencies that represented a large number of abnormal patent applications and are suspected of participating in the fabrication of patents would be punished by stopping undertaking new business or even revoking their practice licenses in order to further strengthen the crackdown.

The CNIPA will strengthen big data screening and monitoring to lock the clues of unqualified institutions engaged in abnormal patent applications, and to require all localities to strictly and quickly investigate and address unauthorized patent agencies.  Engaging in abnormal patent applications shall be deemed a heavier case and be severely punished.

For patent agencies with exceedingly high per capita agency volumes, the CNIPA will require all places throughout the country to incorporate key regulatory objects, increase the frequency of inspection, and strictly investigate and punish those who are found to be engaged in abnormal patent applications, leasing and lending patent agency qualification according to the law.

The CNIPA will determine a list of agencies that need collaborative governance based on the number of abnormal patent applications they represent and the relevant circumstances. By giving full play to the role of industry organizations, it will guide patent agencies and patent attorneys to consciously resist irregular patent application behaviors. The CNIPA also promotes the healthy and orderly development of the agency industry by strengthening the assessment of agency supervision work and requiring localities to resolutely curb agencies from engaging in abnormal patent application behaviors.

Adapted from the CNIPA