Report on Patent Enforcement in China
China has risen to become the United States’ second largest trading partner, and the largest outside of the North American Free Trade Agreement area, providing new business opportunities for U.S. companies. As U.S. companies look to take advantage of the growing U.S.-China commercial relationship, U.S. rights holders are increasingly seeking to protect and enforce their intellectual property rights (IPR) in China. In order to better identify and assess the challenges U.S. rights holders, and particularly, U.S. inventors are facing with China’s judicial and administrative patent enforcement systems, USPTO, in coordination with the U.S. Intellectual Property Enforcement Coordinator’s office and in close collaboration with other U.S. Government agencies, conducted several roundtable meetings with stakeholders and published two Federal Register Notices to solicit input on problems rights holders have experienced with China’s patent protection and enforcement system, and recommendations on ways to improve the system. This report summarizes the comments from the roundtable discussions and the Federal Register Notices and identifies steps that the U.S. Government is taking to these concerns in China. The executive summary of the report is posted here, with a summary, in table form, of the results of the roundtable discussions.