“China’s patent system should no longer be viewed as a giant pile of low-quality paper. It should be viewed as one component of a much larger national effort to build industrial and technological power.”
I have been to China several times over the past decade. Each time, I came back with the same reaction: too many people in the United States are still badly underestimating what is happening there.
I do not say that as a political statement. I say it as a practical one. There is still a surprisingly common view in American business circles that China’s patent activity is mostly noise. Too many filings. Too much subsidy. Too little real innovation. The implication is that, yes, China may be filing a mountain of patents, but most of it can safely be discounted.
I think that view is becoming harder and harder to defend.
The Strategy is Shifting
For years, many Western observers treated Chinese patents as a quantity story rather than a quality story. And to be fair, there was a period when that critique had real force. Filing incentives distorted behavior. Volume was emphasized. A lot of people looked at the numbers and concluded that more did not necessarily mean better. But that is no longer the full picture. Not even close.
China has spent years trying to shift the conversation from raw filing counts to what it calls higher-value patents. More importantly, it has been building the surrounding conditions that can give patents real commercial teeth: manufacturing depth, technical talent, coordinated industrial policy, and long-term capital allocation into strategic sectors.
That combination deserves more attention than it is getting. Because this is not just about patent statistics. It is about what happens when a country builds an ecosystem designed to convert technical capability into strategic leverage.
That is the part I think many American executives still miss. They hear “state planning” and assume inefficiency. They hear “subsidies” and assume weakness. They hear “China” and still, in some cases, mentally translate that into “copying.” That may be emotionally satisfying. It may even feel patriotic. It is not serious analysis.
Scale matters. Repetition matters. Manufacturing matters. Talent density matters. Long-term focus matters. A country does not have to innovate in the same way the United States does in order to become extremely dangerous from a patent and competitive standpoint. And this is not some far-off issue that companies can afford to revisit later. It is already showing up now.
It shows up in prior art. It shows up in crowded technology landscapes. It shows up in freedom-to-operate constraints. It shows up in growing pools of Chinese-owned patent rights, including outside China. It shows up in standards, licensing dynamics, and bargaining power. By the time most companies experience this as a litigation problem, they may already be late.
The Latest Plan
That is why I think China’s latest Five-Year Plan matters. Not because every central government plan will unfold exactly as written. Not because every sector China prioritizes will produce world-class outcomes. But because these plans reveal direction. In this case, the direction is unusually clear: sustained investment in semiconductors, artificial intelligence, advanced manufacturing, telecommunications infrastructure, and strategic emerging industries like electric vehicles, batteries, and biotechnology. The plan emphasizes technological self-sufficiency, reduced reliance on foreign inputs, and the development of domestic champions with global reach. It prioritizes not just research, but commercialization by closing the gap between lab and market. And it reinforces the role of intellectual property as a tool of competition, not just protection. These are not abstract goals. They are a roadmap for where capital, talent, and IP will compound and where competitive pressure will intensify.
And when that direction lines up with patents, manufacturing, advanced technology, and strategic industries, U.S. companies should pay attention. Very close attention.
To be clear, I am not arguing that every Chinese patent is strong. It is not. I am not arguing that China will dominate every important technology sector. It will not. Patent quality varies. Execution varies. Some portfolios will be weak. Some sectors will disappoint.
But none of that supports complacency. If anything, it makes the point more important. The question is not whether all Chinese patent activity is meaningful. The question is whether enough of it is becoming meaningful that American companies can no longer afford to wave it away.
I think the answer to that question is yes.
It’s Time to Take China’s Patent Strategy Seriously
What worries me is that many companies still seem to be treating this as an abstract geopolitical topic instead of what it really is: a competitive intelligence issue with legal, commercial, and strategic consequences.
If I were advising a U.S. company in a technology-heavy sector, I would want to know which Chinese entities are filing in our space, which ones are building U.S. portfolios, which ones may care about licensing, which ones may become aggressive, and where standards or adjacent rights could start to create leverage. I would want that information before the demand letter arrives, not after.
That is the shift I think needs to happen. American companies do not need panic here. They do not need grandstanding. They do not need ideological talking points. They need realism.
China’s patent system should no longer be viewed as a giant pile of low-quality paper. It should be viewed as one component of a much larger national effort to build industrial and technological power. Some of that effort will fail. Some of it will underperform. But some of it will work extremely well, and where it does, the patent consequences will not stay confined to China.
For U.S. executives and IP counsel, that should be enough to end the old dismissive narrative. This is no longer a future problem. And the companies that figure that out first will have more room to maneuver than the ones that do not.
Image Source: Deposit Photos
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Author: kchungtw
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4 comments so far. Add my comment.
Frank Coppa
April 24, 2026 12:35 pmVery interesting; and thought-provoking; thanks.
Anon
April 15, 2026 09:33 am“When it is a US patent attorney who is visiting, there is often the feeling that the differences between patent law on the European mainland and in the USA are not interesting”
Pot, meet Kettle.
Max Drei
April 14, 2026 01:06 pmHere an anecdotal tale from Europe, as food for thought for readers in the USA. It concerns the different experience with American and Chinese patent attorneys, when one of their cases in Europe brings them to discussions, here in Germany.
The Chinese visitors invariably know the governing law (EPC) almost as well as I do. If ever (Heaven forfend) I should mis-speak, the visitor from China will pick me up on it.
When it is a US patent attorney who is visiting, there is often the feeling that the differences between patent law on the European mainland and in the USA are not interesting. Instead, after a few minutes of fruitless efforts to explain the client’s predicament and how to navigate out of it, invariably comes the phrase with which I am all-too-wearily familiar ” Bill, that’s all fine, but let me tell you how we would address these issues in the US.”.
Unbeknownst to the general public or the media, China is quietly buying up many famous name family-owned manufacturing firms here in Germany. The days when the USA called the shots, not just in South and Middle America but all over the world, are coming to an end. There is a new hegemon quietly emerging. The many citizens of China are proud of their continuous 3000 year old civilisation. For China, after nearly two hundred years of having to dance to a tune played by the west, this is the beginning of Pay-back Time.
Bob Kelson
April 14, 2026 05:48 amA very insightful article.
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