Some people buy and sell patents online for independent enrollment in colleges and universities.
Recently, the reporter of Beiqing Daily found on Baidu Post Bar that there is a special person to provide a "convenient" way to purchase patent certificates for college entrance examination, university graduation and postgraduate entrance examination candidates.
Some sellers who claimed that they could apply for patents posted advertisements on the Post Bar, saying that "it is necessary to apply for utility model patents and participate in independent enrollment" and "if you have patents, you will be one step ahead of others".
It is understood that some customers seek to buy patents because they want to qualify for the independent entrance examination. Previously, some netizens had counted the list of independent enrollment schools that recognized patents and papers. In the list, the reporter of Beiqing Daily saw that there are dozens of colleges and universities in China that recognize inventions or invention patents, have patent certificates or have become "stepping stones" to participate in independent enrollment examinations.
Market demand makes some patent agencies play the idea of high school students. The reporter of Beiqing Daily searched on Taobao with "patent for independent enrollment" as the key word, and found that many online shops of intellectual property service agencies indicated that they could provide services such as "patent application" and "patent transfer", and marked the patent as "independent enrollment examination pass".
In addition to being used for independent enrollment, some institutions claim that patent certificates can also enjoy certain convenience in terms of professional title evaluation, extra points for postgraduate entrance examination, and settlement of study abroad.
In an institutional online shop, the reporter of Beiqing Daily saw that the seller who bought the utility model patent application or transfer commented that "it feels very convenient, so you don't have to rack your brains to stay up late. This service saves me a lot of effort. Sure enough, many hands make light work, and I believe I can get the certificate in the end. "
A teacher working in a senior middle school in Daxing District told the reporter of Beiqing Daily that if you apply for independent enrollment in colleges and universities with patent certificates, you need to sort out and provide relevant information to the applicant schools. "Generally speaking, the materials to be prepared include certificates, patent descriptions, partner information and whether there is a patent number. If there is a patent number, it is more likely to pass. If there is no patent number, it needs to be approved by the school. Send these materials to the school for review. Those who pass the examination can enjoy direct score reduction or be eligible to take the independent entrance examination. "
It is understood that there are three kinds of domestic patent certificates at present: invention patent certificate, utility model patent certificate and design patent certificate.
The reporter of Beiqing Daily consulted a patent agency. According to Wang Chuan (a pseudonym), the person in charge, they can provide "utility model patent" transfer service for candidates in need. The price is 3000 yuan, which can be completed in about two months. The reason why "utility model patent" is stipulated is that utility model is more convenient to obtain, while invention patent is more difficult to obtain.
According to Wang Chuan, only the applicant needs to provide information such as name, address, ID number and contact information, and all the other operations are carried out by their company. "After the information is provided to us, we will apply to the Patent Office for the change of patent information, and the Patent Office will review it. After approval, the patent is yours. After the change is completed, pay the corresponding certificate fee. Finally, prove that the name on the original is your name. "
Wang Chuan said that at present, these transferable patents provided by the company are in the state of "approval" and no payment has been made. "You have not obtained the entity certificate, so you need to transfer it to your name first, and then pay the fee for obtaining the certificate. The patent office will only prove it after paying the money. " In this way, the patent obtained through transfer can ensure that the buyer has both the right to use and the inventor of the patent. "After the transfer is completed, you can check it on the website or call the Patent Office. This is not illegal at all, this is a normal business practice. " Wang Chuan said.
The reporter of Beiqing Daily also learned that in addition to obtaining patent certificates through patent transfer, there are also institutions claiming to provide patent application services, thus ensuring that the applicant's own name exists in the whole process from application to certificate acquisition, which is more "reliable".
According to Jasmine Zhang (pseudonym), an employee of a patent agency, "There is demand in the market now, and students really need it. After self-enrollment, it is equivalent to getting 30 points more. " Jasmine Zhang said that his patent agency can provide a more "safe" way, that is, applying for a patent with the name of the candidate at the beginning. "The transferred patent is not reliable, and the enrollment unit found it out as soon as it was checked, and it was an original innovation."
Jasmine Zhang said that he can apply for both invention patent certificate and utility model patent certificate for candidates. The utility model patent application is relatively simple. "Because the utility model does not go through the' substantive examination', it does not look at how high your invention is, but only considers whether it meets the requirements in form. Basically, it is to write a material according to the format file." Invention patent certificate is more difficult and takes longer. "The certificate of invention and creation will cost about 654.38 million yuan, and it will take two years at the earliest. So it is best to apply from the first year of high school. A better utility model application, if there is no big problem, can be applied in 8 months, and the price is 3500 yuan. "
Jasmine Zhang also said that if it is used in the independent college entrance examination, it should be based on the specific requirements of the school. "Some need inventions, some may be practical models, and some requirements are related to specific professional directions, so it depends on your target institution, and then see which patent to apply for."
Patents can be legally transferred.
Colleges and universities say there are expert reviews.
The reporter of Beiqing Daily found in official website, China National Intellectual Property Administration that according to the Patent Law of People's Republic of China (PRC), the patent application right and patent right can be transferred. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, and the patent administration department of the State Council shall make an announcement.
The reporter of Beiqing Daily contacted the customer service staff in China National Intellectual Property Administration by telephone. The customer service staff said that the patent can be transferred as long as it is valid, regardless of whether the patent certificate is obtained or not. When the reporter of Beiqing Daily asked a candidate to obtain the qualification of independent enrollment examination by purchasing patents, the customer service said that it would not verify the transferee. "As long as the patent transfer is agreed by both parties, we don't care, and we won't investigate for what purpose."
The reporter of Beiqing Daily inquired about Peking University's 20 16 self-enrollment brochure and found that applicants must meet one of three conditions. The first is "people who have made inventions or participated in national finals or international competitions in science and technology, humanities and social sciences and achieved excellent results".
The reporter of Beiqing Daily contacted the Admissions Office of Peking University by telephone. According to the staff, patent is indeed a condition for participating in independent enrollment, but it is not the only qualification. "The specific situation depends on this year's enrollment brochure. If not specified, what kind of patent certificate is there? You need to provide a copy of the patent certificate. "
The staff said that after submitting the relevant materials, an expert review team will review the patent certificate.
When the reporter of Beiqing Daily put forward the phenomenon of obtaining independent enrollment qualification by purchasing patents, the staff said that this had never happened before. "It is dishonest to buy it, and it is not good for other students. I think if it's fraud, it shouldn't be much. In fact, there were not many students who applied for invention and creation before. "
In addition, the enrollment staff of beijing university of chemical technology told the reporter of Beiqing Daily that the patent certificate is an independent enrollment qualification, but at present, the school only recognizes the invention patent certificate. "Only a patent certificate can qualify for registration. As for whether the preliminary examination is passed, I will see it later. " For the specific review process, the staff said that there will be experts to review the rationality, and the admissions staff is temporarily unclear.
Zhao Zhanling, a special researcher at the Intellectual Property Center of China University of Political Science and Law, told the reporter of Beiqing Daily that the patent itself is allowed to be transferred and the qualification of the transferee will not be examined. "This is for the record, similar to trademark transfer, and it will basically pass. Because the patent right is a private right and a civil subject, the patent office review is generally a formal review to see if the procedures are complete and the materials are complete. "
Zhao Zhanling said that there will be specific requirements for the materials needed to apply for patent transfer, "such as format requirements and material templates, transfer contracts, certification materials of both parties, etc.". If you are looking for an intellectual property agency, you need to have relevant authorization procedures and patent transfer applications. "
Zhao Zhanling also said that there is no problem with the patent itself, but management needs to be strengthened in self-enrollment. "Self-enrollment can't help but ask the source of the patent, was it invented? The original intention of independent enrollment to recognize inventions and creations is good, and it is to encourage innovation. Not completely measured by scores, recruiting multi-level talents, but the standards need to be refined. "
Zhao Zhanling suggested strengthening the qualification of independent enrollment, "for example, whether the patent is the original intellectual property owner or the property owner, and whether it is operated by itself." . It is also necessary to judge whether the evaluation of intellectual property rights has practical value. Determining some standards is also to let students know their learning direction. "