Editing Intellectual property in China (section)

===Patent law===
{{Main|Patent law of China}}

In 1950, the PRC issued ''Provisional Regulations on the Protection of Invention Rights and Patent Rights.''<ref name=":5" />{{Rp|pages=57–58}} The PRC's early regulations provided for inventors' patent rights, but these were abolished fairly quickly under the view that patent rights were incompatible with socialism.<ref name=":4" />{{Rp|page=183}} China then followed the model of the Soviet Union's investor certificates, honorary titles that were granted to investors without remuneration.<ref name=":4" />{{Rp|page=183}} Just prior to the [[Cultural Revolution]], China completely abolished its patent regulations.<ref name=":4" />{{Rp|pages=17–18}}

In 1984, China passed the ''Patent Law of the PRC'' to encourage invention-creation and to promote the development of science and technology.{{cn|date=May 2024}} The subsequent ''Implementing Regulations of the Patent Law of the PRC'' added clarification.{{cn|date=May 2024}}

In addition to [[Inventions Patents|invention patents]] and [[design patent]]s, [[utility patents]] are available under Chinese law.<ref name=":3" />{{Rp|page=140}} In cases of joint patentees, the default rule in China is that each patentee can grant nonexclusive license without the other joint patentees' consent.<ref name=":3" />{{Rp|page=140}} Joint patentees can avoid application of this default rule by agreement, however.<ref name=":3" />{{Rp|page=140}}

As compared to the United States, China has more non-patentable matters.<ref name=":3" />{{Rp|page=140}} Pharmaceuticals and chemicals were not patentable under the 1984 Patent Law, but became patentable after the law was amended in 1992.<ref name=":4" />{{Rp|page=20}} A bilateral memorandum of understanding with the United States made this amendment to domestic law necessary.<ref name=":4" />{{Rp|page=20}} China accepted this requirement because it would have ultimately been necessary in order for China to re-enter GATT.<ref name=":4" />{{Rp|page=21}}

The Patent Law was again amended in 2000 to ensure compliance with China's obligations under the TRIPS Agreement.<ref name=":4" />{{Rp|page=20}} In 2008, amendments to the Patent Law added provisions on the protection of genetic resources.<ref name=":4" />{{Rp|pages=96–97}} These amendments established a disclosure obligation for genetic resources, a domestic provision which developed from the positions China took in negotiating on this issue in the TRIPS Council.<ref name=":4" />{{Rp|page=110}} 2010 ''Implementation Rules of the Patent Law'' define genetic resources as any material taken from a human, animal, plant, or microorganism containing genetically functioning units with actual or potential value.<ref name=":4" />{{Rp|page=27}}

China became the country filing the largest number of patents in 2011.<ref>{{Cite journal |last=Hu |first=Albert G.Z. |last2=Zhang |first2=Peng |last3=Zhao |first3=Lijing |date=January 2017 |title=China as number one? Evidence from China's most recent patenting surge |journal=[[Journal of Development Economics]] |language=en |volume=124 |pages=107–119 |doi=10.1016/j.jdeveco.2016.09.004}}</ref> This increase resulted in part from government incentives to patent filers, outpacing China's actual R&D spending and labor productivity. Most design and utility patents, which enjoy a shorter protection period and are easier to obtain compared to invention patents, were not renewed after five years.<ref>{{Cite news |last=Yilun Chen |first=Lulu |date=2018-09-26 |title=China Claims More Patents Than Any Country—Most Are Worthless |url=https://www.bloomberg.com/news/articles/2018-09-26/china-claims-more-patents-than-any-country-most-are-worthless |url-status=live |archive-url=https://archive.today/20200217015942/https://www.bloomberg.com/news/articles/2018-09-26/china-claims-more-patents-than-any-country-most-are-worthless |archive-date=17 February 2020 |access-date=2024-11-30 |work=[[Bloomberg News]] |language=en}}</ref> In 2020 the Chinese government began pushing for stricter standards in granting patents.<ref>{{Cite web |last=slangman |date=2022-08-30 |title=China sets new targets for high-value patents in ambitious five-year plan |url=https://www.mathys-squire.com/insights-and-events/news/china-sets-new-targets-for-high-value-patents-in-ambitious-five-year-plan/ |access-date=2024-12-03 |website=Mathys & Squire LLP |language=en-GB}}</ref>