China National Intellectual Property Administration, as the only substantive examination institution for invention patents in China, has not yet classified all the applications for invention patents that have entered the substantive examination stage. Providing the actual trial sequence number (including the overall sequence number of all invention patent applications entering the substantive examination stage and the sequence number of examination groups with different substantive examination technologies, compiled according to the date and number of publication or the date and number of the notice of individual confidential applications entering the substantive examination stage), makes it impossible for China inventors and relevant institutions to clearly understand how many applications need to be examined for an invention patent application. Whether there are any applications with the following issues entering the date of substantive examination but getting the notice of examination opinions in advance, and when should a single application get the results of substantive examination, so as to facilitate the transformation, promotion and negotiation and evaluation of the technologies involved;
2, China invention patent examination efficiency is low.
At present, the efficiency of substantive examination in China National Intellectual Property Administration is extremely low. Even if the invention patent requests disclosure from the application date, it will take nearly four months to enter the substantive examination stage, and it will take a very long time to obtain the notice of examination opinions from the patent office after entering the substantive examination stage. Take my two invention patents for example. After entering the substantive examination stage 15 months, I received the first notice of examination opinions from China National Intellectual Property Administration Patent Office. It has been nearly 20 months since my third invention patent entered the actual examination stage, and I still haven't received the notice of examination opinions from China National Intellectual Property Administration. I called China National Intellectual Property Administration many times and got the answer that I didn't make any audit opinions. I don't know when the examination opinions can be made, what causes China National Intellectual Property Administration to delay and still have no substantive examination opinions, and how to effectively improve the efficiency of substantive examination of invention patents in China;
3. Lack of effective transformation mechanism in the field of invention patents in China With the continuous increase of the total number of invention patent applications in China in recent years, the problem of difficult transformation of technological achievements of invention patents has become more and more prominent. Although there is a big gap between the growth rate of the total number of invention patent applications in China in recent five years and the transformation and application rate of technological achievements of invention patents in China, I don't have accurate data to explain it. However, it can be seen from the number of applications for mortgage loans for invention patents in China published by official website, China National Intellectual Property Administration, that the technical conversion rate of invention patents in China is also extremely low. From 2008 to the second quarter of 2009, the total number of applications for mortgage loans for invention patents in China was only about 200, while in 2007, the total number of applications for invention patents in China had reached about 200,000.
The solution is as follows: 1. All invention patents entering the substantive examination stage shall be sorted as a whole and classified, and the serial number examination system shall be implemented. It can be sorted according to the publication date and serial number of each invention patent, and it can be sorted according to the issuance date of the notice entering the substantive examination stage and the coding order of the registered letter. Then, the Intellectual Property Office will sort and number the patent applications involved in the examination tasks assigned by the substantive examination groups in different technical fields according to the overall sorting number order. 2, according to the substantive examination classification number and review progress, quality, the substantive examiner and its subordinate departments to implement efficiency evaluation, and establish a more effective reward and punishment mechanism; 3. Establish a coordination mechanism between China invention patent transformation promotion fund and social implementation agencies (including qualified enterprises and institutions in various fields) and inventors, so as to make China's invention patent transformation mechanism more perfect and efficient.