China patent success takes opposite of US approach
June 26, 2007

Winning patents in China turns US patent strategy on its head. Narrow focus succeeds.

Examiners at the Chinese patent office must see solid, detailed information about an invention¡¯s impact on technology. If they don¡¯t see it, your application will be rejected, says James H. Morris, a veteran patent lawyer with Wolf, Greenfield & Sacks, P.C., Boston.

¡°Broad applications don¡¯t fly well. Examiners are very strict and they read every word of the application,¡± says Morris, whose firm works with a few top Chinese law firms.

In contrast, in the US, staking out broad claims for an invention is a good patent-application strategy.

While China has a reputation for taking a cavalier approach to intellectual property, that¡¯s no longer true, especially in urban areas. Patent enforcement is much improved, and smart companies doing business there file for patents as early as possible, he says.