Patent fee waiver and fraud cases

0 1 Typical Problems with Low Intellectual Property Score

◆ Problem analysis: Although there are not many cases with low scores in intellectual property rights, according to the analysis of achievements over the years, all enterprises "hate" intellectual property rights. Because intellectual property is the core of high-level application, the loss of intellectual property will bring a series of chain reactions, such as R&D projects and high-tech products, which may not be recognized. Therefore, the quantity and quality of intellectual property rights are small, and the possibility of high-level application success is slim.

Then, as we all know that the filing requirements of intellectual property rights are high, why is the score lost seriously?

1. Case 1: A software company filled in the soft version of 10, but used 6 in the last declaration, which will inevitably lead to points deduction. Although the patent restriction has been lifted for nearly three years, Class II intellectual property rights can only be used once, and enterprises re-recognized in 202 1 must make good preparations for intellectual property rights. Case 2: The enterprise only has one invention, but it is found that the right holder of the invention is not the applicant during the evaluation, and the unpaid annual fee for the invention has expired, which is naturally 0. Case 3: The name of the enterprise has changed, but the intellectual property rights have not changed. Even if there is a change notice from the industrial and commercial department, intellectual property rights will not be recognized by experts, and the score is basically 0. Case 4: Intellectual property rights are owned by many enterprises. Company A used it to declare high prices, but it was not authorized by other companies, or both Company A and Company B used it to declare high prices. Intellectual property rights have not been recognized by experts, and most of them are 0.

2. Case 1: The enterprise has six software works, which have met the basic requirements on the surface, but when experts review, they think that there is no technical difference between the two software works, and only one of them is recognized, resulting in deduction.

◆ Suggestion: Before high-level enterprises declare, enterprises must pay attention to the layout and management of intellectual property rights. In terms of intellectual property creation, it is necessary to closely combine the R&D activities and related technologies of enterprises to ensure that the quantity and quality of intellectual property meet the basic requirements and get more points. Do not regard the minimum basic requirements or threshold requirements of intellectual property rights in the management measures as the highest requirements for enterprise declaration.

Secondly, we should focus on independent intellectual property rights, and make it clear that the score of intellectual property rights obtained in the form of transferee is very low, and exclusive licenses are no longer recognized. In terms of intellectual property management, it is necessary to ensure that all intellectual property rights are declared enterprises, and intellectual property rights are still valid, so as to avoid unpaid annual fees and repeated use of intellectual property rights. If * * owns intellectual property rights, we must obtain the authorization of the owner of * *.

02 Typical problem of low score of transformation ability of scientific and technological achievements

◆ Problem analysis: The severity of the problem of low score of transformation ability of scientific and technological achievements varies greatly. Through the analysis, it is found that among a surprising number of enterprises that failed to pass the certification, some enterprises scored only 20 points in the transformation ability, while the lowest one actually scored only 0 points. Obviously, there are other problems when the conversion ability is nearly 20 points, but for those enterprises that only get less than 10, basically the low conversion ability score is the main reason for their high certification failure.

At present, there are two main reasons for the low score of enterprise transformation ability:

First, the connotation and logic of the transformation of scientific and technological achievements have been misunderstood, and some enterprises even confuse the results with the transformation results.

The second is the lack of material and support for the transformation of scientific and technological achievements. The transformation of scientific and technological achievements requires not only quantity but also quality. It is meaningless to simply pile up the quantity, but the transformed scientific and technological achievements can be recognized by the evaluation experts, which is valuable.

After consulting the application materials of some enterprises with low transformation ability of scientific and technological achievements, it is found that some enterprises have listed twenty or thirty transformations in the summary table of scientific and technological achievements transformation, but none of the certification materials in the application materials have been found, even the most basic corresponding patents have not been found, or there are certification materials, but they obviously lack sufficient proof. If the number of identified transformations is small and low, the score is naturally low.

◆ Suggestion: In the newly revised scoring rules of senior management measures, the total score of scientific and technological achievements transformation is still 30 points, but the requirements are higher, and the difficulty for enterprises to obtain high scores is greatly increased. Although file A requires at least 5 scientific and technological achievements on average, it needs to provide technical explanation materials.

For enterprises, we must first accurately grasp the new policies and requirements for the transformation of scientific and technological achievements, and accurately understand the connotation and logical relationship of the transformation of scientific and technological achievements. In the process of combing, we should take the existing technology and achievements as the starting point and the products and samples with technical content that have brought or will bring benefits as the foothold, find the corresponding relationship between these two points, and grasp the effective principles of scientific and technological achievements transformation.

Secondly, it is necessary to sort out and collect the certification materials. The richer and more powerful the proof materials, the higher the possibility that the transformation will be recognized. To ensure that the transformation times meet the requirements, each transformation is supported by sufficient and prepared supporting documents.

03 Typical problems of low management level score

◆ Problem analysis: This scoring module can best reflect the importance and fineness of enterprises' recognition of high standards. Just because the management ability score is low, a few enterprises do not recognize it high, and generally there are other items that lose points. However, some enterprises ignore this problem, and there are few failure cases, such as Baidu search copying and pasting enterprise management system documents, and even seemingly low-level mistakes such as company name have not been changed.

There are two main reasons for the low score: one is the integrity of the material. If the document is omitted or misplaced, or the document is not needed for declaration, points will be deducted.

Second, the quality problems of materials, such as inconsistent contents, logical errors, and even the appearance of other enterprise names and Industry-University-Research forgeries, are often fatal.

◆ Suggestion: As far as high-level declaration is concerned, in addition to improving the R&D management level, enterprises should at least do the following: First, carefully study the declaration requirements and scoring rules, and collect the certification materials of each scoring item to ensure the integrity of the materials proving high management level.

Secondly, pay attention to the integration of collected materials, elaborate, constantly improve and enrich, ensure the quality of materials, and lay a solid foundation for obtaining higher scores.

Finally, it is necessary to ensure the logical consistency between the management module and other materials, and not to contradict each other. In addition, it is necessary to face the reality of the enterprise and prevent materials with obvious problems.

Typical problem of low growth score

◆ Problem analysis: Low growth score is a "natural disaster". In the process of recognition, many enterprises, especially newly recognized high-tech enterprises, have a growth score of 0 because of the adjustment of market environment and enterprise strategy. This situation means that other module enterprises can only deduct 9 points at most.

If the results of other modules are not satisfactory except growth, it is often certain that they will fail. But many times, the "failure reason" obtained by comprehensive analysis is only low growth, which is not convincing enough. In other words, even if the growth score of the enterprise is zero, there are still 80 points after deducting 20 points from the total score. Where can I deduct the other 9 clubs?

In fact, according to the analysis of experts, in fact, when judging, experts in each module rarely give full marks. Even if the materials in other places are perfect, they may be deducted, not to mention that in most cases, it is difficult for enterprises to make the materials perfect. Those who are deducted three or four points are easy to detect on the one hand, and on the other hand, enterprises will not know the specific reasons for being deducted, but they add up to 9 points, or even more than 9 points.

From the analysis over the years, most of the enterprises that failed because of low growth scores were concentrated in 65-70. From another point of view, that is to say, the reason for the failure of high identification is not the low growth score, but the imperfection of other materials.

◆ Suggestion: There is no other way to improve the growth score, that is, enterprises should strive to grow and make financial data conducive to scoring, but it is not realistic in the short term or during the high reporting period.