1. Q: What principles were followed when drafting Several Opinions?
A: Since the implementation of the national intellectual property strategy, the number of patent applications in China has continued to grow rapidly, the structure has been continuously optimized, and the quality has been gradually improved, which has provided strong support for building an innovative country. However, in some places, there have also been some patent applications aimed at improving market competitiveness instead of protecting innovation achievements, which has affected the public's confidence in the patent system as a basic system to support the innovation-driven development strategy. In view of these problems, our bureau has conducted in-depth investigation and study to find out the problems, analyze the reasons and study measures. On the basis of soliciting opinions from relevant ministries, departments in the bureau, local intellectual property offices and experts, the "Several Opinions" was finally drafted. In the process of drafting, we mainly follow the following principles:
One is to avoid overcorrection. We should look at the problems existing in the current patent application objectively, and we can't deny some of our current policies and practices because of a few and partial problems. It should be noted that China's patent system was established late, the public's awareness of intellectual property rights is generally not high, and the number of effective patents per capita is still very small. At this stage, relevant policies and measures are needed to effectively encourage, guide more high-quality technological innovations with market application prospects into patents, and continuously enhance the core competitiveness of industries and enterprises. At the same time, we will continue to optimize policy orientation, strengthen regulatory measures, strive to put an end to abnormal patent applications with improper motives in some regions and individual fields, ensure the efficient operation of the patent system, and promote the scientific development of the patent cause.
The second is to highlight limited goals. There are many factors that affect the quality of patent application, and improving the quality of patent application is not a day's work, nor can it be achieved overnight. In view of the improper motives of patent application, the Opinions focus on improving the patent evaluation index system, optimizing patent funding and incentive policies, strengthening the supervision of abnormal patent applications and other abnormal patent applications, strengthening the quality orientation of patent applications, eliminating improper profit margins, and solving the problem of improper motives of patent applications.
The third is to steadily promote implementation. We should not make a one-size-fits-all approach to improving the quality of patent applications, such as the adjustment of patent subsidy policies in various places, and guide all places to formulate a timetable and roadmap for implementing the "Several Opinions" in stages and steps according to their own development stages and needs.
2. Q: What guiding opinions are put forward by Several Opinions on regional patent evaluation and examination?
A: In recent years, with the importance attached by local governments at all levels to patent work, relevant indicators such as the number of patent applications and patent ownership have been gradually incorporated into the relevant assessment and evaluation work of governments at all levels, which has effectively promoted the rapid development of China's patent industry. However, in some places, the patent evaluation index is simple, one-sided emphasis on quantity, and some unrealistic growth rate indicators are set. Therefore, some opinions put forward guiding opinions on optimizing regional patent evaluation: on the one hand, suggestions are given for regional patent evaluation to guide different regions to adopt evaluation indicators suitable for their own characteristics according to the development level of patent industry; On the other hand, it is required that the regional patent evaluation should not set the growth rate index that is inconsistent with the actual situation, so as to avoid the phenomenon that all localities simply achieve their goals.
3. Q: What are the main aspects of the optimization of patent funding and incentive policies?
A: The Opinions sort out the existing local patent subsidies and incentives at all levels, and divide them into three categories: general patent subsidies, special patent subsidies and patent incentives. According to the objectives and characteristics of the three types of policies, specific optimization suggestions are put forward: First, the subsidy in the patent application stage is changed to the subsidy after authorization, highlighting the quality orientation of the general patent subsidy policy; Second, excessive subsidies are not allowed, eliminating the space for individual units and individuals to obtain patent subsidies for profit by fabricating patents; Third, gradually change from subsidized patent creation to subsidized patent application, and guide the innovation subject to strengthen patent application and protection; Fourth, it is required to determine the object of patent special funds and patent incentive policies through evaluation to avoid black-box operation and corruption; Fifth, we should not simply take the number of patent applications and authorizations as the main conditions for patent granting, but should comprehensively consider the quality and value of patents.
4. Q: Why do you need to issue a patent retrieval analysis report or a patent evaluation report when applying for a patent for utility model and design for funding or as an evaluation condition?
A: Unlike the invention patent examination system, which comprehensively examines novelty, creativity and practicality, China's utility model and design patents only conduct preliminary examination, not substantive examination. Therefore, several opinions put forward that patent applications for utility models and designs should be generally funded or patent retrieval analysis reports or patent evaluation reports should be issued as evaluation conditions, so as to ensure that utility models and design patents with high stability of rights get corresponding preferential policies, thus guiding applicants to improve the quality of patent applications.
Verb (abbreviation of verb) Q: How to investigate and deal with irregular patent applications and other irregular patent applications?
A: In the process of patent examination, our bureau will continuously intensify the investigation and punishment of abnormal patent applications and other abnormal patent application behaviors in a variety of ways, mark patent applications involving abnormal patent application behaviors, and track the patent application examination throughout. For those with bad nature and serious impact, our bureau will organize personnel to conduct on-the-spot verification. If the situation is true, it will be dealt with seriously in accordance with relevant regulations.
6. Q: How to implement the Opinions?
A: In order to ensure the implementation of Several Opinions, our bureau has mainly taken the following measures:
First, it is included in the 20 14 national patent development strategy promotion plan and promoted as a key task. Organize the provinces (autonomous regions and municipalities) to formulate the implementation plan of "Several Opinions", refine the measures of "Several Opinions", clarify the division of responsibilities, clarify the time limit for completion, and report it to our bureau for review, so as to systematically promote the quality improvement of national patent applications.
The second is to establish an effective working mechanism and strengthen the guidance for local governments to improve the quality of patent applications. Establish an information notification mechanism to inform the provincial intellectual property office once a quarter about the number of abnormal patent applications, the apparent withdrawal rate of unpaid application fees, and the deemed abandonment rate of patent acquisition, so as to provide a basis for local governments to formulate or adjust policies and measures; Establish a monitoring mechanism for key areas and organize personnel to conduct on-the-spot verification of key provinces with outstanding patent application quality problems; Establish an evaluation mechanism for patent funding and incentive policies, and put forward suggestions for revision and improvement of policies that do not meet the requirements of Several Opinions to ensure that the adjustment of patent funding and incentive policies in various provinces is in place.
Third, all provinces (autonomous regions and municipalities directly under the Central Government) are required to formulate implementation roadmaps and complete the adjustment of patent funding and incentive policies step by step. Require provinces and all intellectual property demonstration cities with good patent work foundation to complete the adjustment of patent funding and incentive policies at the corresponding level within the year; Require provinces with weak patent work foundation to complete the adjustment of patent funding and incentive policies at the corresponding level within two years; All provinces are required to propose the time schedule for the revision of patent funding and incentive policies at all levels within their jurisdiction.
Fourth, strengthen supervision and implementation to ensure the smooth progress of all provinces (autonomous regions and municipalities directly under the Central Government) according to the established plan. Combined with the supervision work of promoting the national patent development strategy, the patent strategy supervision team will focus on the implementation of the "Several Opinions" in various provinces from three aspects: scheme formulation at the beginning of the year, mid-term inspection and year-end evaluation. Linking the inspector's results with the relevant policies and projects of our bureau, and informing the areas where the quality of patent applications has declined instead of rising due to poor implementation of the work.