When litigating a patent case in China, courts and administrative authorities often rely on an “IP appraisal” to determine technical equivalence or infringement. But which appraisal agency is reliable, how is one chosen, and who supervises them? Until recently there was no unified rule. In 2023, the China National Intellectual Property Administration (CNIPA) issued the Measures for the Management of the IP Appraisal Institution Directory (the “Measures”), setting thresholds, building a roster, and defining the rules.
1. Why the Measures were issued
From the 2021 IP Powerhouse Building Outline to the 2022 guidance documents on strengthening IP appraisal, national requirements for “professionalization and standardization” of IP appraisal escalated step by step. The Measures implement these mandates with operational rules for selecting and managing appraisal institutions.
2. How an agency enters the “Directory”
1. Who can recommend
Provincial IP authorities and national IP appraisal self-regulatory organizations may recommend qualified agencies to CNIPA.
2. Entry conditions
Agencies must meet basic conditions and submit materials; those that have implemented the relevant standards are included in the Directory for use by administrative, judicial, and arbitration bodies.
3. Selection process
CNIPA organizes review and public notice of recommended agencies and announces the admitted list.
3. How admitted agencies are supervised
- National self-regulatory organizations strengthen self-discipline management of member agencies;
- Violations are promptly reported to CNIPA and relevant departments;
- Agencies or appraisers with verified violations lose their Directory qualification.
4. What parties gain
The Directory gives administrative, judicial, and arbitration bodies a standardized, selectable list of appraisal agencies, improving the professionalism and credibility of opinions and saving parties detours.
5. Frequently asked questions
Q1: What is China’s IP Appraisal Institution Directory?
A: A roster established and managed by CNIPA; admitted agencies are available for administrative, judicial, and other bodies to select.
Q2: How does an agency enter the Directory?
A: Recommended by a provincial IP authority or national self-regulatory organization, then reviewed and publicly noticed; implementing the standards is a key condition.
Q3: How are admitted agencies supervised?
A: Self-regulatory organizations manage members and report violations; verified violations cancel the Directory qualification.
Q4: How does a party choose an appraisal agency?
A: Refer to the published Directory, consider the case’s technical field and location, and select according to law by the handling authority or the party.
6. Related notes
Appraisal is commonly used in patent infringement administrative rulings and litigation, where maintaining valid annual fees and clear ownership matters. Use our free patent annual fee monitoring to keep patents in force, and the trademark classification lookup for brand planning. For further assessment, contact Hefei Zhihai Yida Patent Agency (CNIPA code 34408).
Source
China National Intellectual Property Administration (CNIPA), “Policy Interpretation: Measures for the Management of the IP Appraisal Institution Directory” (2023-09-22). Original: link
This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official regulations for specifics.