In July 2016, SIPO published the 2015 China Patent Survey Report, the first publicly released nationwide patent survey report. The following tables describe enforcement measures and losses from infringement.

1. Measures actually taken by patent owners (%)

Column order: companies / universities / research institutions / individuals / overall.

Administrative complaint: 11.5 / 30.3 / 5.6 / 16.9 / 13.8

Court proceedings: 16.5 / 3.8 / 16.8 / 8.8 / 13.2

Both complaint and litigation: 11.2 / 35.0 / 7.6 / 3.9 / 8.0

No action: 32.9 / 15.7 / 35.3 / 45.1 / 38.2

Warning letter requesting cessation: 27.8 / 15.2 / 34.6 / 25.3 / 26.8

Respondents: 2,036 companies, 60 universities, 83 research institutions and 98 individuals; total 2,277.

Overall, 38.2% of patent owners took no action. The no-action rate among universities was 15.7%, below the rates exceeding 30% for the other groups. Research institutions, companies and individuals often sent warning letters (34.6%, 27.8% and 25.3%). Universities most often used both administrative complaints and litigation, or administrative complaints alone, each exceeding 30%.

2. Preferred protection measures (%)

Column order: companies / universities / research institutions / individuals / overall.

Complaint to the patent authority, e.g. hotline12330: 44.6 / 48.8 / 40.3 / 46.6 / 45.7

Direct court proceedings: 23.0 / 23.9 / 21.5 / 25.3 / 24.3

Proactive enforcement by patent authorities: 62.8 / 57.1 / 58.4 / 58.6 / 60.4

No preference: 1.9 / 0.8 / 2.3 / 3.7 / 2.9

Negotiation: 29.2 / 37.3 / 34.8 / 23.6 / 26.2

Other: 0.2 / 0.1 / 1.9 / 0 / 0.1

Total: 161.8 / 168.0 / 159.3 / 157.8 / 159.6

Respondents: 7,460 companies, 437 universities, 456 research institutions and 543 individuals; total 8,896. Multiple answers were permitted, so totals exceed 100%.

Preferences were broadly similar among patent-owner types. Overall, 60.4% wanted the patent authorities to take enforcement action proactively, while 45.7% wanted to complain to the administrative authorities.

3. Which infringement caused the greatest loss? (%)

Column order: companies / universities / research institutions.

Trade secrets: 42.2 / 3.0 / 27.2

Trademarks: 13.3 / 7.2 / 1.7

Patents: 31.4 / 52.4 / 37.3

Copyright: books, software, film and television works: 0.8 / 13.6 / 5.0

Other IP: integrated circuits, new plant varieties, etc.: 1.6 / 5.6 / 7.2

No substantial difference: 10.8 / 18.1 / 21.6

Respondents: 7,468 companies, 438 universities and 459 research institutions.

Companies reported the greatest losses from trade-secret infringement. For universities, patent infringement accounted for over half of the responses, followed by copyright among the specific rights listed. Research institutions reported the greatest losses from patent and trade-secret infringement, with patents accounting for 37.3%.

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