Central government to subsidize foreign patent applications

The Ministry of Finance (MOF) recently established a special fund to subsidize foreign patent applications, offering a maximum of 100,000 yuan per patent application. On October 12, the State Intellectual Property Office (SIPO) held a meeting to formulate specific measures to implement the subsidy offered by the MOF for foreign patent applications made by small and medium-sized domestic enterprises, and public and scientific research institutions.

China joined the Patent Cooperation Treaty (PCT) on January 1, 1994. Under the international cooperation provisions of the PCT, patent applicants who have submitted a patent application according to the treaty are entitled to request PCT member countries protect their invention. Chinese citizens just need to submit their patent application to the SIPO for it to take effect in all PCT member countries across the world.

On September 27, the MOF released "provisional measures on the administration of special funds subsidizing foreign patent applications". According to the measures, eligible beneficiaries of the subsidy are domestic applicants including small and medium-sized enterprises, and public and scientific research institutions. The subsidy for domestic applicants submitting a patent application to the SIPO in line with the PCT will cover the official fees of relevant review and approval organs in the course of the patent application and up to three years after patent rights are granted, as well as patent retrieval organ and agency service fees.

Reporters learned that to qualify for the subsidy, foreign patent application projects must either help exert China’s industrial advantage and be internationally competitive; be expected to explore the international market or expand its international market share; or have patented products with an expected large capacity in the international market and good market prospects.

The special fund will focus on subsidizing foreign patent applications, the type of patent protection of which is the same as that of Chinese invention patents. Each patent application subsidy project will support applications in not more than five countries or regions with up to 100,000 yuan, except for major innovation projects.