Development Plan of Patent Agency Industry (2009-20 15)
Source of information: China National Intellectual Property Administration Website formulates this plan to promote the implementation of the national intellectual property strategy, develop intellectual property intermediary services, strengthen patent work and promote the sound and rapid development of the patent agency industry.
I. Introduction
Patent agency is an important support for the effective operation of the patent system, an important content of patent work and a core component of the intellectual property intermediary service system. The level and quality of patent agency services have an important impact on enhancing China's independent innovation capability.
In order to realize the objectives and tasks of developing intellectual property intermediary services proposed in the Outline of National Intellectual Property Strategy and effectively support market players to create, use, protect and manage patents, it is necessary to continuously improve the level of patent agency services, continuously expand the fields of patent agency services, continuously improve the ability of patent agency services, and comprehensively promote the sound and rapid development of patent agency industry.
Second, the development situation
Since the reform and opening up, China's intellectual property cause has made great progress, and the patent agency industry has made rapid development.
(1) The legal system related to patent agency management has been basically established.
After the implementation of China Patent Law, the State Council successively approved and promulgated the Interim Provisions on Patent Agency and the Regulations on Patent Agency. Since the beginning of the new century, China National Intellectual Property Administration has successively promulgated and implemented the Disciplinary Rules for Patent Agents (Trial), Measures for the Administration of Patent Agents, Measures for the Implementation of Patent Agent Qualification Examination, and Measures for Handling Disciplinary Acts in Patent Agent Qualification Examination, basically forming a legal system to protect and standardize the development of patent agency industry.
(2) Patent agency services are basically market-oriented and socialized.
The patent agency industry has basically realized marketization and socialization, established an industry development mechanism of "voluntary combination, independent operation, self-development and self-restraint", and initially realized the transformation to specialization and standardization.
(3) A number of patent agencies with high service level have emerged.
The number of patent agencies in China has grown to 7 15. Among them, some patent agencies have gradually formed a smooth, standardized and orderly management mode and working mechanism, and a number of patent agencies with outstanding professional expertise, thoughtful service, good reputation, strong strength and remarkable benefits have emerged.
(D) Set up a professional patent agency team.
Through the implementation of the national unified examination system for patent agent qualification, the examination and approval of patent agent qualification has been further standardized, and patent agent qualification has become a necessary condition for professional practice. In recent years, the professional knowledge structure of patent agents has been continuously improved, and the trend of youthfulness and specialization has become increasingly obvious, and patent agents have flourished. There are nearly 6,000 licensed patent agents in the whole industry, with about17,000 employees.
Generally speaking, with the establishment and perfection of China's patent system, the patent agency industry has made great progress and promoted the transformation of innovation achievements into patents. At the same time, the patent agency industry also actively expands the service field, assists enterprises in technological innovation, safeguards intellectual property rights, and formulates enterprise intellectual property strategy, which strongly supports the implementation of China's intellectual property system.
At present, judging from the requirements of comprehensive, coordinated and sustainable development of intellectual property rights, there are still some restrictive factors in the development of patent agency industry. The relevant legal system needs to be improved and perfected. The management system of patent agency industry is not perfect. The self-discipline function of the industry has not been fully exerted. The construction of the patent agent team is relatively backward, the scale of the patent agent team is difficult to meet the requirements of the rapid development of the situation, and there is a shortage of high-level, compound and internationally competitive talents. The ability of patent agencies to participate in and handle foreign affairs is still insufficient. Generally speaking, the service ability of the patent agency industry still needs to be improved, the main business still needs to be further highlighted, and the industry scale still needs to be further expanded.
Standing at a new historical starting point, China has vigorously implemented the national intellectual property strategy, and the patent agency industry is facing important development opportunities. Firmly grasping opportunities, actively responding to challenges, fully implementing Scientific Outlook on Development, carefully planning the development of patent agency industry in the next period, effectively integrating resources, and vigorously promoting the comprehensive, coordinated and sustainable development of patent agency industry are inevitable requirements for strengthening patent work, objective needs for vigorously promoting the development of service industry, and important tasks for implementing the Outline of National Intellectual Property Strategy.
Three. Guiding ideology, development goals and basic principles
(A) the guiding ideology
Under the guidance of Deng Xiaoping Theory and Theory of Three Represents, we will fully implement Scientific Outlook on Development, strengthen patent agency management and strengthen industry self-discipline in accordance with the principles of effective management, standardized service, honesty and self-discipline and scientific development, promote the effective integration of patent agency services into all aspects of patent creation, application, protection and management, strive to improve the service capacity and level of patent agency industry, and strive to promote the professional and standardized development of patent agency industry. The standardized and large-scale development of patent agency industry provides strong support for the effective implementation of patent system and the substantial improvement of patent level.
(2) development goals
By 20 15, the following objectives should be achieved:
-the ability and level of patent agency services have been greatly improved. Ensure that the patent agency ability adapts to the growing demand for patent applications, that the level of patent agency service adapts to the increasing demand of China's independent innovation ability, and that the scope of patent agency service adapts to the demand of China's market participants to use patents to participate in market competition.
-The number of patent agents has greatly increased, and the quality has been further improved. Ensure that the number of patent agents reaches about 10000. There are about 1000 high-quality, compound and internationally competitive patent agents who are proficient in professional technology, legal trade and foreign languages. A team of patent agents with sufficient quantity, reasonable structure and complete specialties has been formed, which can meet the needs of development.
-The development level of patent agencies has been greatly improved. The scale of patent agency industry has been further expanded. Patent agencies have generally achieved standardized services, honesty and trustworthiness. A large number of patent agencies came into being, which provided strong support for independent innovation. There are more than 100 outstanding patent agencies with outstanding characteristics and high professional level.
-The legal system of the patent agency industry has been improved. The legal system for regulating the patent agency industry has been further improved, and relevant laws and regulations have been revised in a timely manner. A legal and policy support system conducive to the development of the patent agency industry has been basically established, and patent agency services have been effectively regulated.
-The management system combining administrative supervision with industry self-discipline that is conducive to the development of the patent agency industry is more perfect. The patent agency industry has basically established an honest, fair and orderly market competition order.
-The coordinated development of the patent agency service industry has initially taken shape. The ability of patent agency service in the eastern economically developed areas has been rapidly improved, and the ability of patent agency service in the central and western regions, northeast old industrial bases and other regions has been greatly improved.
(3) Basic principles
To promote the sound and rapid development of the patent agency industry, we must adhere to the following principles:
-combining government guidance with market dominance. It is necessary to give full play to the guiding role of the government, strive to create a legal policy environment and a market competition environment conducive to the healthy development of the patent agency industry, and also respect the market rules and highlight the basic role of the market mechanism in the allocation of resources for the development of the patent agency industry.
-combining government supervision with industry self-discipline. It is necessary not only to strengthen the government's supervision of the patent agency industry, but also to further clarify the self-discipline responsibility of the patent agency industry association, strengthen the integrity construction of the patent agency industry, and realize the self-discipline and self-management of the industry.
-Highlight the main business and expand the service field. To highlight the main business, and constantly improve the quality of patent agency services, and constantly improve the ability and level of patent agency. We should also actively carry out research on enterprise patent strategy, patent application and protection, patent information analysis and enterprise rights protection, and strive to expand the service space of patent agents.
-combining personnel training with system construction. We should not only attach importance to the construction of patent agents, highlight key points, and train a group of patent agents with good conduct and international competitiveness, but also improve rules and regulations, strictly service standards, and constantly strengthen the construction of patent agencies.
-Combination of standardized services and featured services. It is necessary to constantly strictly standardize the service standards of patent agencies, promote patent agencies to carry out service work in accordance with the service guiding standards of the patent agency industry, and encourage patent agencies to highlight their characteristics, give play to their advantages and specialties, and carry out characteristic services according to local conditions.
Four. primary mission
(A) improve the relevant legal system of patent agency
Promote the continuous improvement of relevant laws and regulations such as the Patent Agency Regulations. Improve and revise departmental rules and normative documents in a timely manner. Strictly regulate the conditions and procedures for the examination and approval of the practice qualifications of patent agencies and patent agents. Clarify the legal responsibilities, punishment rules, punishment procedures and handling methods of patent agency violations, increase the punishment for institutions and personnel who do not have patent agency qualifications to engage in patent agency violations, and create a level playing field for the development of patent agency industry. Clarify the legal status and work responsibilities of patent agency industry associations. Explore and solve the problem that existing laws and regulations restrict the practice scope of patent agents, and promote the expansion of patent agency services to comprehensive intellectual property intermediary services.
(two) to strengthen the supervision and management of the patent agency industry.
Strengthen the government supervision function and improve the annual inspection and punishment system of patent agents; Deepen the reform of the patent agent qualification examination system and improve the patent agent professional qualification examination and approval system. Improve the supervision and management mechanism that combines administrative supervision with industry self-discipline, with clear positioning, reasonable division of labor, mutual coordination and effective operation. Establish a credit management system for the patent agency industry and form a social supervision mechanism for the patent agency industry. Formulate service guidance standards for patent agency industry and establish a supervision mechanism for patent agency service quality. Establish a patent agency practice training mechanism that adapts to the development of the cause, strengthen professional ethics education, and vigorously improve the patent agency service ability.
(3) Strengthen the construction of patent agency trade associations.
Establish an organizational system of patent agency trade associations with complete system, reasonable structure, standardized behavior and sound system. Strengthen the self-discipline management, business guidance, industry rights protection, practice training, membership service and information exchange of patent agency industry associations, and strengthen the service function of patent agency industry associations. To study the policies and measures for establishing China enterprises with patent agent qualification to obtain the membership of the Association.
(four) to strengthen the information construction of patent agency industry.
Strengthen the construction of patent agency management system and improve management efficiency. Improve the patent agent qualification examination information system. Establish a member network system of patent agency industry. Promote the construction of information exchange platforms between patent agencies and between patent agencies and industry associations. Develop the management software of patent agencies, and promote the automation and informatization of business process management of patent agencies.
(five) to promote the patent agency industry to expand the service field.
Promote patent agencies to actively carry out enterprise patent strategy research, patent application and protection, patent information analysis and enterprise rights protection, and effectively promote the intellectual property of independent innovation achievements. To study the policies and measures for establishing horizontal cooperation between patent agencies and other intellectual property-related industries. Efforts will be made to form a working situation in which patent agency services complement each other and share resources with intellectual property intermediary services such as intellectual property litigation agency services and intangible assets evaluation services. Explore and study effective ways to properly solve the practice restrictions of patent agents in handling intellectual property disputes, and give full play to the role of patent agents in intellectual property protection.
(six) to promote the coordinated development of patent agency services in the region.
According to the characteristics of regional development, policies conducive to the scientific development of regional patent agency industry are introduced. Actively support the development of patent agency services in the central, western and northeastern regions, and vigorously promote the improvement of patent agency services in the eastern region. Support patent agencies to actively carry out training and exchanges according to the needs of regional innovation activities and patent application services. Promote the balanced, coordinated and sustainable development of the national patent agency industry in a planned and phased manner.
(seven) to increase the publicity of the patent agency industry.
Carry out various publicity activities with rich contents, increase the publicity of patent agency system, show the important role of specialized patent agency services, enhance the public's understanding of the important role of patent agents in the creation, application, protection and management of intellectual property rights, improve the applicant's knowledge of patent agency services and the value of patent agents, cultivate the concept of seeking specialized intellectual property services in society, further improve the reputation of patent agency industry and establish a good social image of patent agency industry.
(8) Strengthen foreign cooperation in the field of patent agency.
Actively carry out foreign cooperation and exchanges in the field of patent agency. Formulate the development plan for foreign cooperation in patent agency industry, make full use of various resources to increase the training of high-end talents, effectively improve the ability of patent agencies to handle foreign-related patent applications, handle foreign-related intellectual property disputes and apply international rules on intellectual property rights, improve the internationalization level of patent agency industry, and provide better services for Chinese enterprises to participate in international competition. Strive to establish friendly and cooperative relations with patent agency industry organizations in more countries and regions and relevant international organizations, and expand the influence of China's patent agency industry in international intellectual property affairs.
Verb (abbreviation for verb) special work
(1) Formulating service guidance standards for patent agency industry.
Formulate and promote the service standards of patent agency industry, guide patent agencies and patent agents to carry out business, standardize the service behavior of patent agencies, strengthen the management of patent agency industry, and ensure the service quality of patent agencies. Formulate and implement a training plan that is consistent with the service guiding standards.
(B) the establishment of a patent agency integrity information management platform
Improve the patent agency information in the patent agent database and patent examination system. Establish a patent agency credit information management platform with social supervision function, including basic information of patent agencies and patent agents, credit evaluation information of patent agents, punishment information of patent agents' dishonesty and recognition and reward information of patent agents.
(three) to formulate a training guide for employees in the patent agency industry.
According to the needs of different levels, different fields and different stages, the training guide for employees in patent agency industry is formulated. According to the different positions and business needs of patent agencies, training contents and training hours are set to guide the training of employees in the patent agency industry, so that the training work is forward-looking, systematic, scientific and standardized.
(D) the construction of patent agency information management system
Design and develop management software with strong universality, which is mainly suitable for small and medium-sized patent agencies, and actively promote it. Promote patent agencies to improve their management level and service ability. Support patent agencies to represent electronic patent applications, and realize the convenience and standardization of process management such as patent application processing, patent fee payment, patent examination status and legal status inquiry.
(five) the construction of patent agency service basic database and information platform.
Establish a patent agency service information database that can meet the needs of patent agency services, including Chinese and foreign patents and integrated circuit layout design information data. China patent intermediary service information platform with professional retrieval function and data analysis function should be built to support patent agencies to provide professional and high-level patent information products for the society.
(six) explore the establishment of professional title system and evaluation system to meet the needs of industry development.
According to the requirements of "National Intellectual Property Strategy Outline" on strengthening the construction of intellectual property talents, according to the overall layout of the national title system reform and the needs of the construction of patent agency talents, we will carry out research on the evaluation of patent agency titles, explore the establishment of professional and technical title system and excellent selection system in the patent agency industry, form an incentive mechanism, optimize the team structure, and promote the healthy development of the patent agency industry.
(seven) to carry out basic research on the development of patent agency industry.
Establish a long-term mechanism and strengthen the basic research on the development of patent agency industry. To investigate the tax situation of patent agency industry and put forward suggestions on tax reform of patent agency industry. Study the practice insurance system and related regulations of related industries in China's intellectual property intermediary service system, and explore the establishment of the practice insurance system of patent agency industry.
The policy and safeguard measures of intransitive verbs
It is necessary to strengthen organizational leadership and overall coordination, take effective measures to ensure the completion of various tasks and special work, and implement the requirements of the National Intellectual Property Strategy Outline on the development of intellectual property intermediary services.
(a) pay close attention to the planning and implementation of the work plan and supporting policies.
According to the development goals, main tasks and special work determined in the plan, formulate specific work plans, implementation opinions and supporting policies, clarify the responsible departments, and ensure the implementation of various tasks and special work.
(b) Establish a coordination mechanism for the implementation of the plan
Establish an organization and coordination mechanism to guide the implementation of the plan, give full play to the enthusiasm of local intellectual property offices, patent agency industry associations, patent agencies and patent agents, and promote the organization and implementation of this plan.
(3) Strengthen the conditions for the implementation of the plan.
Intellectual property authorities at all levels should increase capital investment and support patent agency work. Patent agency industry organizations should raise matching funds through multiple channels according to the tasks and special work planned and deployed. Actively encourage patent agencies to be equipped with the necessary funds for the implementation plan to ensure the implementation of various tasks and special work.
Intellectual property authorities at all levels should fully understand the significance of strengthening the patent agency work and promoting the scientific development of the patent agency industry, put the implementation of the Patent Agency Industry Development Plan (2009-20 15) on the important work schedule, incorporate it into the daily work arrangement, strengthen leadership, take effective measures, support the implementation of the plan from human, material and financial resources, and serve the development of intellectual property intermediaries. Strive to achieve the goals set in the National Intellectual Property Strategy Outline, enhance China's ability to create, use, protect and manage intellectual property rights, build an innovative country, and realize the grand goal of building a well-off society in an all-round way!