The intellectual property rights of enterprises are:
(1) refers to inventions, utility models, appearance designs (mainly: designs developed by scientific and engineering methods), copyrights of software linked to web pages, exclusive rights of integrated circuit layout design, new plant varieties, etc.
(2) It must be registered in China, obtained through independent research and development, transfer, donation, merger and acquisition in the past three years, or enjoy the exclusive license right for more than five years in the world (the validity period of high-tech enterprises should be within the exclusive license period of more than five years), and it is within the effective protection period of China laws.
There are several core points:
The first is the "last three years". The intellectual property rights used by enterprises must be obtained in the last three years of the year of application (the conditions for the recognition of high-tech enterprises), not the previous intellectual property rights. For example, if an enterprise obtained an invention patent five years ago, it cannot take this patent as a condition for participating in the declaration. If it is declared on 20 13, it must be the intellectual property acquired on 20 10, 2010/20 12.
The second is the quantity of intellectual property rights. According to the work guidelines, the number of invention patents is one, and utility models (others: including software copyright, circuit layout, appearance patents, etc.). ) More than six are needed.
Third, the power of attorney for intellectual property that must be obtained is authorized by China Intellectual Property Office. Those obtained abroad or in Hongkong, Macao and Taiwan Province are unqualified.
Fourth, the owner of intellectual property rights must be the enterprise itself. In some enterprises, the owners of patents and other intellectual property rights are inventors, engineers or company owners. In this case, it is only effective to transfer and authorize the patent to the enterprise itself.
Fifth, if an enterprise does not own intellectual property rights, it can buy intellectual property rights of other owners, for example, it can use a five-year license to buy patents related to products. For example, if a company that manufactures circuit boards has no registered patent, it can buy a five-year global exclusive license patent from the person who owns the relevant circuit board patent to meet the conditions.
Sixth, it must be related to its own products, not to patents. We have read the application materials of a high-tech enterprise. The company itself manufactures medical equipment, but the patent he bought is for car engines. Although it seems to meet the requirements on the surface, it is actually contradictory to the condition that the high-tech products behind it account for 60%, and it will definitely fail.
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