Here is the all of Brewskie’s post about Chinese innovation. Chinese innovation, btw is a contradiction in terms, like saying blue sky days in China or big busted chinese woman… yah you get the point..
Comment from the Brewsker!
“I sure enjoy knocking China, but I gotta realize the juggernaut of a potbelly nation is really a land of ample opportunity.
China showed Apple a thing or two; will a little imagination, a wiliness copy – and no desire to introduce workmanship – one too can implement their “me too” Apple tablet clone called an iPhat, iPlad, eyePlauge or whatever. It’s not like getting patent in China is hard – is it?
The cheerleading China Nazis pat China’s stack of filed patents as proof of its giant trajectory: “#3 behind Japan and the US,” they jovially boast. Well, bragging about substance of Chinese patents is sort of like… a special ed flunkie, who brags his A+ on a pre-alegbra test, bests a nerd’s A- on a calculus test. Getting a patent filed in corrupt China is easy as becoming a US carny.
China expert WC – the only “Top Secret Writer” who doesn’t make me think I have an alien butt probe up my ass, or there’s a bar code tattooed on the back of my head – lays the sledgehammer of truth on Chinese patents. As a Chinese patent holder himself, he testifies well:
http://www.topsecretwriters.com/2012/01/untruth-3-the-chinese-are-patent-kings/
As a patent holder in China, I am skeptical about the quality of Chinese patents.
It’s as if anyone can get one. Allow me to explain.
A few years ago, an ex-classmate of mine approached me with a great idea.
“Lets start a business in China,” he enthused. Thinking it to be a once in a life time opportunity, I agreed, and several months later we were in business.
One of the most enlightening things we did, however, was to apply for a patent. Although the process of writing our patent proposal was a grueling two hour affair, I truly doubt the specifications behind it would pass international scrutiny.
However, in China it was never a problem. After mobilizing a good friend of mine, who happens to be an attorney, our new found startup was the proud owner of a shiny new Chinese patent.
While I found the entire process to be less than exceptional, it also left me a little cynical (70).
“Just fill out the form and I will make sure you get your patent,” we were told. Within days we had protected our idea via a patent (71), one of the joys of doing business in China.
To me, the ease with which we were granted our patent was beyond belief, an idea shared by others as well (72). Although the process to file was as rigorous as a rousing game of Scrabble, it seemed far too easy. I guess it is no wonder that China’s State Intellectual Property Office (SIPO) received 1.2 million patent applications in 2010, many of which were Chinese “trash” (73) or “utility patents”, like the one I had obtained (74).
The real mystery, however, is “What’s the value of a Chinese patent?” A question many have posed. (75)
[…]
The US has three patent types (79), as does China. The biggest difference, however is that while both the USA and China have a “utility patent”, China further divides these into “invention” and “utility model” patents.
The remainder of this discussion will focus on China’s ‘utility patents’ or ‘trash patents’ (as they are called) which are not to be confused with US utility patents.
A Chinese utility patent protects, “any ‘new’ technical solution relating to the shape, the structure, or their combination, of a product which is fit for practical use (80).” In China these patents do not undergo a strict amount of scrutiny (81) and as long as the paperwork is filled out correctly, a patent will be awarded (82) – or so it is claimed.
What is more troublesome is that according to an expert at China’s patent authority, patents in China do not need to prove that their intangible assets are new, a marked difference between China and the rest of the world (83).
In addition, China operates under a ‘first-to-file’ system. This means that the first person to file the patent will be granted the technology even if they are not the inventor of the technology.
“First to file” means that if a Chinese person, or anyone else comes across some fine technology that has not been patented in China, then they have the right to “claim” this technology and patent it (84), a thing that a colleague of mine did to the tune of a couple million dollars (85) – but more on that later.
[…]
Based upon my experience, not much. Or let me re-phrase that. Yes, the Chinese are prodigious patenters, but the vast majority of their patents do not demonstrate the capacity to innovate (86). They are merely used as tools to block or lock in innovation from other countries.
According to Cheng Yongshun, the director of the Beijing Intellectual Property Institute, most countries consider innovation patents to be ‘real patents’ (87).
Yet in in 2009, Chinese applicants for these specific patents were less than 20% of the total (88).”
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Understanding China, One Blog at a Time 