How China built the world's biggest patent office : the pressure driving mechanism
Title: How China built the world's biggest patent office : the pressure driving mechanism
Citation: International review of intellectual property and competition law, 2018, Vol. 49, No. 1, pp. 5–40
ISSN: 0018-9855; 2195-0237
In 2011 China’s patent office received more patent applications than any other patent office in the world. While explanations for this patent surge focus on some relevant factors such as the use of subsidies for application fees, what is missing from the literature is an analysis of how China turns its fragmented levels of government into an efficient system for obtaining compliance with patent targets set by the higher levels of government. Drawing on the governance literature from China we introduce the concept of the pressure driving mechanism and show how this mechanism enables China to reach the goals and targets that it sets for its patent system. We discuss goal and target-setting at the higher levels of government and show how these are then transmitted to lower levels of government. We explain how performance evaluation and peer transparency are used to generate pressure on Chinese officials to comply with patent targets. Provincial-level patent data are presented to show how well compliance works, as well as to demonstrate how the mechanism operates to make the patent system responsive to changes in targets. Through the application of the pressure driving mechanism, China is developing a unique tool of patent regulation.
First Online: 05 December 2017.
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