Some recent updates from China as below on company names, abnormal patent applications, and green technologies:

  1. SAMR announced "Enterprise name registration management regulations implementation measures" ( https://www.samr.gov.cn/xw/zj/art/2023/art_658be5f40d2d493ba239e9b30838c248.html)
  2. CNIPA announced typical abnormal patent application cases (https://www.ssipmc.com/article/16/1535.html, could not find the source from the CNIPA and please let me know if you have this)
  3. CNIPA announced Green Technology Patent Classification System ( https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&showname=
    %E7%BB%BF%E8%89%B2%E6%8A%80%E6%9C%AF%E4%B8%93%E5%88%A9%E5%88%86%E7%B1%BB%E4
    %BD%93%E7%B3%BB.pdf&filename=623a4a47623d4823b07d5991b6e8fbae.pdf     – this is a 150+ pages PDF)

These will be reported further below.

For 1), in addition to names related to the government and governmental bodies, these measures also prohibit registration of company names that are "the name of other entity (including abbreviation, tradename, and so on) having certain prior influence in the industry" (for example, like "Taishan Prada Trading Company Limited" should not be allowed to register as a company name). This was an issue in Hong Kong, and seemingly is now also an issue in China. Hopefully these measures could stop these company name registrations, with the catch on showing "certain prior influence in the industry".

For 2), it is interesting (intriguing and astonishing, at least to me) to see the following typical cases:

  1. An IP firm copied contents of existing applications with only changes in the titles and filed these applications, then notified by the CNIPA, withdrew these applications, and then file these applications all over again. The practicing license of this firm has been revoked, and put into the SAMR's "List of Dishonest Enterprises Committing Grave Illegalities".
  2. Using false addresses filing numerous applications, like naming a hospital at an address that is not a hospital (so it is also the task of a Chinese patent attorney to verify the applicant's address?).
  3. Hiring university students to fabricate applications by simple combination of existing elements to obtain patent subsidies, together with changes of inventors to various individuals throughout the country.
  4. 718 enterprises were formed from 2018-2020 with no research capabilities. 3602 applications were filed to obtain government patent subsidies, with assignments of many patents shortly after grant, and the original patentees quickly wind-down thereafter.

The above were reported by the CNIPA, which means that the relevant facts were affirmed by the CNIPA.

For c) and d), these would not stop until the patent subsidies go away. There is an old saying in China – "No one does a loss business, but someone would do business that would get one killed."

For 3), the focus is on technologies that could directly and apparently reduce or prevent consumption of natural resources, and with environmentally friendly effects. The classification is directed to the following:

  • Clean use of traditional energy (this covers improvements on utilization of coal and oil)
  • New energy utilization (naturally, renewable energy is covered)
  • Energy conservation and efficiency (this covers storage of energy including batteries, and energy and water conversation)
  • Collection and utilization of greenhouse gas
  • Recycling
  • Environmental protection materials
  • Pollution control
  • Green transportation
  • Green agriculture and forestry (I am sure these would cover non-green plants like peppers, grapes, and the like, even with the word "Green")
  • Green buildings, which also includes city planning, and carbon emission trading

The classification is extensive. This is also different from the WIPO IP Green Directory at least with the following:

Ø Clean use of traditional energy is not included in the WIPO IP Green Directory.

Ø The Chinese classification does not include nuclear power generation as in the WIPO IP Green Directory.

If any of your inventions fall within the above, your patent applications could receive accelerated prosecution, and perhaps government funding/subsidies.

As always, please feel free to provide your thoughts.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.