So, how many patents do high-tech enterprises need to declare? Opinions vary.
Generally speaking, there are two kinds of statements:
Type I: 1 Type I intellectual property rights (invention patents or integrated circuit layout, etc.). ) or five Class II intellectual property rights (utility model, software copyright).
Category II: 15- 18 Category II intellectual property patents (utility model, software copyright).
So which of these two statements is right and which is wrong, and what is the basis respectively?
Next, I will analyze and explain it with you.
The first type: only 1 invention patents (class I intellectual property rights) or 5 utility models (class II intellectual property rights) are required to declare high-tech enterprises.
This statement has a clear basis. That is, in the evaluation standard of high-tech enterprises, the relevant provisions in the subjective quantitative evaluation index. That is, in the scoring system we often say, the total score is 100, of which the intellectual property part is 30.
The grading of intellectual property rights consists of categories, quantity, advancement, correlation with main products, acquisition methods, application time and so on. 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.
The second type: applying for high-tech enterprises requires 15- 18 patents (second-class intellectual property rights).
This statement is incomplete. Complete statements should be based on the years of establishment of the enterprise. Enterprises that have been established for more than 3 years need to have 15- 18 patents, and the number of patents owned by enterprises that have been established for less than 3 years should be the number of years in the natural year in which the enterprise was established *5.
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.
The basis of this statement comes from the in-depth interpretation and comprehensive balance of the declaration policy documents of high-tech enterprises.
In the subjective quantitative assessment indicators of high-tech enterprise evaluation, the total score is 100, the intellectual property part accounts for 30, the transformation of scientific and technological achievements accounts for 30, the R&D organization and management level accounts for 20, and the financial growth index accounts for 20.
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 scoring criteria for the transformation of scientific and technological achievements are as follows:
The average annual achievement transformation score of five or more items: 25-30 points.
Average annual achievement transformation score of four or more items: 19-24.
Average annual achievement transformation score of three or more items: 13- 18.
The average annual achievement transformation score is above 2: 7- 12.
Average annual achievement transformation 1 and above: 1-6.
The average annual achievement transformation score is 0 or above: 0.
As can be seen from here,
The average annual transformation of scientific and technological achievements is not less than 5, and the highest score can be obtained.
So what is the transformation of scientific and technological achievements?
Let's take a look first. The normal scientific research process of enterprises is generally:
1. Enterprises launch scientific research projects → 2. Scientific research projects produce scientific research results → 3. Transformation of scientific research achievements into products of enterprises → 4. Products put into the market generate income (financial indicators increase).
The above process is the core of high-tech enterprise audit, which involves not only quantitative scoring, but also the collection and audit of R&D expenses and the audit of sales revenue of high-tech products.
And closely related to patents are scientific research results!
There are two ways to prove the so-called scientific research achievements:
1. Summarize the technical points obtained after scientific research in one sentence, which is the so-called 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 patent certificate is the best proof of scientific research achievements in technical indicators and recognition, which is rooted in Hongmiao. Although technical know-how contains technical points, it may not reach the level of patent application.
At present, under the relatively loose patent examination system in China, if you can't even apply for a utility model patent, you can imagine its technical content and recognition. The judging experts naturally know this. Therefore, scientific and technological achievements without patent certificates are easily 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.
Under normal circumstances, the materials of an enterprise in the first three years are audited, so it is relatively reasonable to calculate that there are not less than five scientific and technological achievements transformed each year, namely 15- 18 patents!
Therefore, from the in-depth study of the scoring rules of intellectual property rights, it is found that the more patents, the greater the possibility of high scores. 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.
The above is to consider the number of patents from the perspective of scientific and technological achievements.
In addition, the invisible requirement of patent number is also discussed from other aspects:
1. Back to the scoring section of intellectual property rights:
The scoring of intellectual property rights consists of categories, quantity, advancement, correlation with main products, acquisition methods, application time and so on. The specific criteria are:
Type and quantity of intellectual property rights (8 points): invention patents are called 1 intellectual property rights, utility model patents and software copyrights are called 2 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. A medium-sized enterprise with an annual sales of 50 million must spend at least 2.5 million on R&D.. 5 utility model patents on average. 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, it is quite normal that the R&D cost required for producing a patent is170,000 yuan.
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, we can see 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 costs for enterprises, but actually it increases the risk of unsuccessful application. In the process of applying for high-tech enterprises, the patent application fee is only a small part of it. If the application of high-tech enterprises is not passed because of intellectual property issues, the hard work of relevant colleagues will be in vain, and it will not be worth the candle!
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, which makes the work of auditing, novelty retrieval and testing easier and smoother, and also provides a powerful and reliable guarantee for enterprises to successfully declare high-tech enterprises!