As for how many patents high-tech enterprises need to apply, there are two opinions:
The first type: 1 invention patents or 5 utility models; The second type: 15- 18 patent.
So what is the basis of these two statements?
The first type: only 1 invention patents or 5 utility models are required to declare high-tech enterprises. This statement is based on the relevant provisions of subjective quantitative assessment indicators in the Evaluation Standard for High-tech Enterprises. That is, the total score 100, including 30 points for intellectual property rights. The scoring of intellectual property includes several aspects, such as type, quantity, advancement, correlation with main products and acquisition methods. Among them, the quantitative standard of intellectual property is 1 invention patent or 5 utility model patent, and you can get full marks (8 points) in the quantity of intellectual property. Here is the most clear quantitative requirement of the high trial system for the quantity of intellectual property rights. Based on this standard, it can be concluded that only 1 invention patents or 5 utility models are needed for high-level applications.
2. Apply for the 15- 18 patent required by high-tech enterprises. A complete statement should be based on the year when the enterprise was established. Enterprises established more than three years need to have 15- 18 patents, and the number of patents owned by enterprises established within three years should be *5 of the natural years of the year in which the enterprise was established. That is to say, to declare a high-tech enterprise two years after its establishment, it needs at least 10 patents, and it needs at least 5 patents when it is established 1 year. This statement actually comes from the in-depth interpretation and comprehensive balance of the high-level declaration policy document. In the subjective quantitative assessment index of high-tech enterprise evaluation, the total score is 100, the intellectual property part accounts for 30 points, the transformation of scientific and technological achievements accounts for 30 points, the R&D organization and management level accounts for 20 points, and the growth index accounts for 20 points.
In addition to intellectual property rights, the transformation of scientific and technological achievements accounts for 30 points and also plays a decisive role. The detailed grading criteria for the transformation of scientific and technological achievements are as follows: the average annual scores of five or more achievements are 25-30, four or more achievements are 19-24, three or more achievements are 13- 18, and two or more achievements are12. The average annual achievement transformation score of 1 and above is 1-6, and the average annual achievement transformation score of 0 and above is 0. It can be seen that the highest score can be obtained by transforming no less than 5 scientific and technological achievements every year.
The transformation of scientific and technological achievements is actually a process, which can be expressed by the following sub-processes: enterprises start scientific research projects-obtain scientific research achievements-use them in the production of products-and the improvement of new product quality drives the increase of sales. This process is the core of high-level audit, not only involving quantitative scoring. It is also related to the audit of research and development expenses and the audit of sales revenue of high-tech products.
There are two ways to prove scientific research results:
1, the technical point obtained after the scientific research work is technical know-how.
2. Proof of intellectual property rights (patents and software works, the application for intellectual property rights naturally includes technical points)
The difference between the two is that the patent certificate is the best proof of scientific research results in terms of technical indicators and recognition. Although technical know-how contains technical points, the implied meaning is simple. Although this is a technical point, it has not reached the level of applying for a patent. At present, under the relatively loose patent examination system in China, if even the utility model patent cannot be applied, the technical content and recognition degree can be imagined. The judging experts naturally know this. Therefore, scientific and technological achievements without patent certificates are more likely to be rejected.
In order to improve the recognition of the transformation of scientific and technological achievements, it is more advantageous to replace the so-called technical know-how with patent certificates as the core part of the transformation of scientific and technological achievements. Generally speaking, the materials of the first three years of the enterprise are reviewed. From this calculation, no less than five scientific and technological achievements are transformed every year, that is, 15- 18 patents, which is relatively safe. Therefore, if we go deep into the details of intellectual property scoring, we will find that the more patents there are, the greater the possibility of scoring. There is no need to blindly pursue invention patents according to the field of the enterprise, especially the invention patents of the formula, and the technical content may not be higher than the utility model, just because the formula and method can only apply for invention patents.
On the implicit requirement of patent quantity;
1, part of intellectual property score:
The scoring of intellectual property rights includes several aspects, such as type, quantity, advancement, correlation with main products and acquisition methods.
Specific criteria are: type and quantity of intellectual property rights (8 points): invention patents are called 1 intellectual property rights, utility model patents, software copyrights, etc. Known as intellectual property rights.
1 and above 1 intellectual property rights score 7-8, 5-6 for 5 or above 2 intellectual property rights, 3-4 for 3-4 intellectual property rights, 1-2 for 0 intellectual property rights, and 0 for 0 intellectual property rights.
Visible, no matter how many utility models, it is impossible to get full marks in this respect.
Advanced degree in technology (8 points): 7-8 points for advanced degree, 5-6 points for advanced degree, 3-4 points for general degree, 0/-2 points for low degree, and 0 point for no advanced degree.
In this standard, the invention patent has obvious advantages. But there are also some high-tech patents, because of their own technical characteristics, they can only apply for utility models. Therefore, it cannot be absolutely believed that the invention patent must be more advanced. On the contrary, if there are enough utility model patents, the probability of advanced patents is greater.
Relevance (8 points): namely, the role of intellectual property rights in products. Strong correlation 7-8, strong correlation 5-6, general 3-4, weak correlation 1-2, and no correlation 0.
Here, the invention patent does not have an advantage. On the contrary, the greater the number of utility model patents, the greater the correlation with the main products.
Method of obtaining intellectual property rights (6 points): independent research and development: 3-6 points, transferee, transferee or merger: 1-3 points. This has nothing to do with the type and quantity of intellectual property rights. Therefore, if we go deep into the details of intellectual property scoring, we will find that the more patents there are, the greater the possibility of scoring. And we must blindly pursue invention patents. Especially the invention patent of formula, the technical content may not be higher than that of utility model, just because formula and method can only apply for invention patent.
2.R&D expenses:
For high-tech enterprises to declare, the higher the proportion of reasonable R&D expenses, the higher the pass rate. The collection of R&D fees lies in R&D itself, and patents as R&D achievements are the most powerful proof of R&D work. The more R&D achievements, the easier it is for the corresponding R&D to be recognized, and the higher the R&D fee, the easier it is to collect the R&D fee. If an enterprise only issues five utility model patents in three years, then the cost of developing R&D projects is too high. For a medium-sized enterprise with annual sales of 50 million, its R&D expenses should reach at least 2.5 million, with an average of five utility model patents. The research and development cost of a utility model patent is as high as more than 500 thousand. If you think about it a little, you will know that either the application materials are untrue or there is something wrong with the R&D management system. According to 15 patents, the R&D expenditure required to produce a patent is170,000. This is quite normal.
3, high-tech products sales revenue:
In the audit of high-tech enterprises, the sales revenue of high-tech products of enterprises should reach more than 60%. In other words, most of the income of enterprises comes from high-tech products. High-tech products do not have to obtain high-tech product certificates, but they must have patents, test reports and other supporting documents. Therefore, the more patents, the wider the range of products covered, and the more products that can be included in the sales revenue of high-tech products. For enterprises with a small number of products, the income of high-tech products can almost reach 100%, and one product can correspond to multiple patents, which is very beneficial to the evaluation of high-tech products. However, some enterprises have a wide variety of products, so it is particularly important to use a large number of patents to attach products. In this case, if the number of patents is too small, the sales revenue of high-tech products will not reach the standard, and even if it is forcibly levied, it will not be recognized. Suppose an enterprise owns 10 products, and its sales revenue is relatively average, but there are only six corresponding patents, which barely meets the requirements when 1 patent corresponds to 1 product. If two patents correspond to 1 products, or 1 patents have low technical content, the corresponding products are not recognized as high-tech products. There will be a situation where the sales revenue of high-tech products is not up to standard. If an enterprise has 18 patents, each product can correspond to 10 patents on average. Even if there are several patents corresponding to 1 product, or the technical content of individual patents is not up to standard. It won't have much impact on your grades.
Based on the above analysis, it can be seen that high-tech enterprises only need 1 invention patents or 5 utility model patents to declare, which is a superficial interpretation of the management regulations of high-tech enterprises. It seems to save money for enterprises, but in fact it makes enterprises bear a very big risk of failure. In the process of applying for high-tech enterprises, the patent application fee is only a small part of it. Audit fees, testing fees and novelty retrieval fees are also high. If high-tech enterprises fail to apply for intellectual property rights, it will cause waste of audit, testing and novelty retrieval expenses. Requiring enterprises to provide 15- 18 patents is the result of in-depth interpretation and comprehensive weighing of the management regulations of high-tech enterprises. It seems that enterprises have paid some extra fees, but it actually provides a reliable and powerful guarantee for enterprises to successfully declare high-tech enterprises, making it easier and smoother for third-party institutions such as auditing, novelty retrieval and testing to carry out their work.
Shandong Ding Xin Intellectual Property Agency Co., Ltd. is a large-scale comprehensive intellectual property service organization with China National Intellectual Property Administration filing qualification (filing code: 37334), specializing in providing patent technical services, application counseling and consultation for scientific and technological projects for enterprises. The service team consists of experts who have been engaged in scientific and technological services and intellectual property services for many years. The backbone members come from the original large-scale patent agency, the professional examiner of the State Patent Office, the qualification of large enterprises and the person in charge of scientific and technological projects. We have established long-term friendly cooperative relations with relevant experts in universities and research institutes, and provided support to domestic and foreign customers in terms of intellectual property agency, scientific and technological projects and technologies. It comprehensively covers the technical fields of electricity, machinery and chemistry. , and provide services for many enterprises in the world. Professional authority is safe and reliable.