Therefore, when encountering such problems, it is best to apply for intellectual property rights first. Why is it best for enterprises to apply for intellectual property rights when applying for the recognition of high-tech enterprises?
The most intuitive advantage for enterprises to apply for high-tech enterprises is that they can pay enterprise income tax at the rate of 15%, while ordinary enterprises pay at the rate of 25%.
Enterprises often ask, "Can we identify high-tech enterprises without intellectual property rights?" The answer here is definitely: "No". It is clearly stipulated in the identification conditions of the Management Guide for the Identification of High-tech Enterprises that enterprises without intellectual property rights cannot be identified as high-tech enterprises.
As we all know, the expert evaluation of high-tech enterprises adopts the scoring system, with a full score of 100. If an enterprise wants to declare success, it must get more than 70 points in the assessment before it can declare the success of high-tech enterprises. But 70 points is not easy to get, and it is very difficult for most enterprises.
Among them, enterprise intellectual property rights accounted for 30 points. In other words, if the enterprise has relevant intellectual property rights, it will be much easier to declare high-tech enterprises if it takes 30 minutes to relax.
So at this time, most enterprises will choose to buy patents to declare high-tech enterprises, which saves a lot of things for enterprises. However, patents cannot be bought indiscriminately. Generally speaking, you need 1 invention patents, or 6 utility model patents, or 6 software copyrights to get 30 points. Of course, it is enough to get six utility model patents and software copyrights.
Intellectual property requirements in the identification of high standards
0 1
Clarify the category of intellectual property rights
First of all, enterprises need to make clear the categories of intellectual property rights and understand the differences between Class I intellectual property rights and Class II intellectual property rights.
In the identification of high-tech enterprises, the classification evaluation method is adopted for the intellectual property rights of enterprises, and the specific classification is as follows:
Class I: invention patents (including national defense patents), exclusive rights of integrated circuit layout design, new plant varieties, national crop varieties, national new drugs, and national first-class Chinese medicine protected varieties.
Category II: utility model patents, design patents and software copyrights.
Compared with Class I intellectual property rights, Class II intellectual property rights contain less gold, so they get less points when they are implemented in the scoring mechanism, and can only be used once when applying for high-tech enterprises.
02
Determine the requirements of intellectual property rights
1. Owner
The owner of intellectual property rights shall be the applicant enterprise. In addition, during the application period of high-tech enterprises and high-tech enterprises, when there are multiple owners of intellectual property rights, only one owner can use it at the time of application.
In some enterprises, the owners of patents and other intellectual property rights are inventors, engineers or corporate owners. This situation is only effective if the patent is transferred and authorized to the enterprise itself.
Get location
Intellectual property rights recognized by high-tech enterprises must be authorized or approved in China (authorized by China Intellectual Property Office) and within the effective protection period of China laws.
It is not supported to obtain intellectual property rights by enjoying exclusive license rights for more than five years on a global scale. Intellectual property rights obtained abroad or in Hongkong, Macao and Taiwan Province provinces are not supported.
Acquisition time
High recognition only requires that intellectual property rights must be within the effective protection period, without limiting the acquisition time.
The validity of the patent when applying for recognition shall be subject to the authorization certificate or authorization notice obtained by the enterprise before applying for recognition and the payment receipt can be provided.
4. Acquisition method
The identification of high-tech enterprises has clear requirements on the way of obtaining intellectual property rights, which must be that enterprises obtain the ownership of intellectual property rights that play a core supporting role in technology through independent research and development, transferee, donation and merger.
Step 5 connect
Intellectual property in high-tech identification is the core intellectual property of enterprises, which needs to be closely related to the main business of enterprises and is the core income source of enterprises.
Step 6 measure
In order to get high marks in the evaluation indicators related to intellectual property rights, enterprises need to ensure that the number of independent intellectual property rights is ≥ 1 (7-8 points) or ≥5 (5-6 points) in the first category before applying for recognition.
03
Intellectual property bonus points
Enterprises' participation in the preparation of national standards, industry standards, testing methods and technical specifications (this item is a bonus, and the total score of "intellectual property rights" after bonus points is no more than 30 points. Relevant standards, methods and specifications must be certified and recognized by relevant state departments.
Common intellectual property issues in the identification of high-tech enterprises.
1. Q: Can the intellectual property rights in the application be used to declare high technology?
A: The main statistical object of intellectual property rights in high-level identification is intellectual property rights that have been authorized or obtained knowledge certificates. The authorization certificate or authorization notice obtained before the identity certificate and payment receipt can be provided shall prevail. Intellectual property rights in these six stages are not counted in the score-
Application stage of invention patent
1
Submit application documents
2
Be notified of acceptance
three
Preliminary review passed (confidentiality review)
four
Publicity stage (announcement of intellectual property application)
five
Pass the practical test
six
Authorization stage
Intellectual property rights in these four stages can be counted in the score-
1
Patent payment
2
Obtain a certificate
three
Pay the annual fee regularly (within the protection period of 20 years)
four
Patent invalidation (disclosure)
Therefore, in the process of preparing high-tech intellectual property rights, enterprises must pay attention to calculating and paying attention to the time of approval and authorization of intellectual property rights, making reasonable plans and applying in advance.
The application time for invention patent is 2-3 years, and the protection period is 20 years (the invention patent can be expedited, which takes about 1 year);
The application time of utility model patent is July-June+April, 65438, and the protection period is 10 year;
The application time for design patent is 4-6 months, and the protection period is 10 year.
2. Q: Can the patents applied for abroad be used?
A: The high-level identification only determines the intellectual property rights authorized in China and within the effective protection period. PCT international applications are not included in the quantitative statistics of intellectual property rights.
If the enterprise has such intellectual property rights, it is suggested that you attach them as other supporting materials to enhance the probative force of the application materials.
3. Q: What problems should be paid attention to when purchasing patents for enterprises that don't have enough capital for invention patents and want to declare high prices?
A: Purchase and independent application are the most important ways to obtain patent authorization.
Enterprises need to pay attention to when purchasing patents:
1. The patent is valid and has a certain advanced level of technology, and it is better not to be an appearance patent;
2. The patent can be linked with scientific research projects, which belongs to the research results of scientific research projects;
3. Patents can be embodied in actual products, and products have a high sales ratio.