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As patent attorneys, we regularly speak to clients who are
considering China for patent protection... and others who wish they
had done so earlier. Recent IP news out of China is a timely
reminder of why that decision matters.
What's happening in China?
China has officially met its IP targets under its 14th Five-Year
Plan — and the numbers are impressive. According to the China
National Intellectual Property Administration:
- Invention patent examination is down to ~15 months (among the
fastest globally)
- Over 5 million valid invention patents are now in force
- China leads global filings under the World Intellectual Property
Organization's Patent Cooperation Treaty
- Strong uptake of international design and trade mark systems
(Hague & Madrid)
But speed is only half the story
China has also significantly strengthened IP enforcement.
- 129 national IP protection centres
- 480,000 cases handled through fast-track mechanisms
- Coordinated dispute resolution with the Supreme People's
Court
- Billions recovered for rights holders, including foreign
companies
Why this matters for inventors &
businesses
A common misconception is that China is "high risk" for
IP. In reality, not protecting your invention in China is often the
bigger risk. China is:
- A manufacturing hub
- A massive consumer market
- A jurisdiction where competitors actively file first
Without Chinese protection, enforcing your rights, even elsewhere,
becomes far more difficult.
The takeaway
If your invention has commercial value, manufacturing relevance, or
licensing potential, China should not be an afterthought. The
system is faster, enforcement is real and the cost of inaction is
often far higher than the cost of filing.
If China is part of your supply chain or future growth plans, the
best time to protect your IP there was yesterday. The second-best
time is now.
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.
