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Figure 7. Patent applications accepted by USPTO and SIPO in the past five years
However, most patent applications accepted by the SIPO aren’t inventions, but just utility models or designs, which are used to protect low-level innovations and need no substantial examination. Just as Figure 8 shows, the number of invention patent applications accepted by the SIPO is much less than that of the USPTO. On the other hand, Figure 9 shows the number of design patent applications accepted by the USPTO is much less than that of the SIPO.
二、中国专利侵权案件数量居世界第一，而且比美国多出数倍
由于授权的专利数量急剧增长，中国已经成为全球专利侵权纠纷最多的国家。专利纠纷已经成为困扰企业正常经营发展的最大法律羁绊。
Among all developed countries, the United States has the largest number of IP infringement cases. Even so, the annual average number of defendants sentenced for IP infringement offenses under the U.S. Sentencing Guidelines is less than 200. Every year, the number of non-criminal cases related to IP theft filed in various authorities in the U.S. is generally less than 10 thousand. However, in China, the largest developing country, circumstances might be completely different. Just in 2005, China’s public security organs at various levels arrested more than 45 thousand suspects for IP infringement and people’s courts at various levels accepted 3,567 criminal cases at the first instance. The total number of non-criminal IP cases accepted by various authorities of China in 2005 is about 87,105 thousand.
三、中国专利侵权纠纷中，约90%以上属于实用新型、外观设计专利纠纷
这两种专利不需要实质审查，交了就授权。只要脑子好使，腿脚勤快，一个会CAD绘图、3-d Max绘图的人，每天可以设计、提交数百个外观设计专利申请，实用新型专利申请也很容易搞。中国绝大部分专利纠纷使用的就是这种没有经过新颖性、创造性审查的专利。因此，从道理上讲，随便搞一个别人正在用的技术申请个专利就可以授权，就可以控告别人侵权。
In China, design rights are mainly protected by the Patent Law (1984) and the Anti Unfair Competition Law (1993).
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