Is there real ‘double standard” in patent examination in China, or just mistaken comment and critique?
Abstract: Analysis is carried on influencing factors in the patent grant procedure over James Dyson’s Corporation, Chinese and foreign applicants from the same technology during the same period. Analysis result shows the applicant's patent application strategy affects the procedure most, with time strategy being the most important factor. In real world, foreign applicants including James Dyson Firm behave much intentional prosecution delay while Chinese counterparts interact with China Patent Office as quickly. It’s patent applicants’ factual time strategy choice and interaction behavior with patent examiners during the process in patent examination procedure that result and lead to the final difference in patent grant procedure outcome. With clear understanding of affecting factors in patent examination procedure, James Dyson’s comment on patent examination in China declaring Double Standard over Chinese and foreign applicants is just confusing and mistaken critique concluded on anecdote but no actual evidence.
Key words: Patent Examination; China Patent Office; Patent Strategy; Time Strategy