One,
Identify patent fraud
From the analysis of the existing fraud cases, criminals make full use of the loopholes in the existing legal rules and the weaknesses of the patentee in the process of fraud, and the means are very deceptive. If they are not careful, they will fall into their trap.
Criminals mainly use public information such as patent literature announcements or patent information systems to obtain the address of inventors, and use letters, websites and other means to lure patentees with false information such as awards and technology licenses to seek illegal interests. One is to use people's trust in government agencies, state organizations and other authoritative institutions to engage in patent awards and patent transfer in the name of collecting expert evaluation fees to defraud money; The other is to take advantage of the patentee's eagerness to transform patented technology, borrow the shell of a legitimate company, and collect the project evaluation fee in the name of "helping to contact manufacturers and transform patents"; Or pretend to be a legal organization at home and abroad, and promise to win prizes for participating projects by holding exhibitions and other means to defraud the participation fees. The third is to use personal psychology of seeking "fame" to help publish books such as Who's Who, at one's own expense, of course.
This kind of case generally has three characteristics: first, it is concealed. Criminals usually send letters to inventors from other provinces, and the contact address and contact person in the "Award-winning Notice" are not true, which is very unfavorable to the detection of cases. Second, the amount of fraud is not large, and the personal losses in a single case are mostly several hundred yuan, which is easy to be ignored. After being cheated, inventors are often reluctant to investigate deeply because of the small amount, but because of the large number of deceived people, the amount of fraud is also considerable. Third, criminals have a high IQ, and it is difficult to distinguish authenticity by creating and designing various situations and traps. Fraudsters usually have a certain understanding of the law and often evade legal sanctions through legal procedures, such as requesting technical evaluation by means of technology transfer and colluding with intermediaries to defraud evaluation fees.
These illegal and criminal activities not only directly infringe on the economic interests of patent applicants, patentees and inventors, but also dampen the enthusiasm of inventors to apply for patents, seriously disrupt the market economic order and social order, damage the reputation of government departments, international organizations and other legal organizations, and have extremely bad social impact.
Second, the reasons for the increase of patent fraud cases
There are many reasons why patent fraud is rampant. There are social macro reasons such as imperfect legal system and unhealthy social atmosphere, as well as factors such as insufficient promotion of professional patent development institutions and scientific and technological intermediaries, difficulties in information communication between industry departments and patentees, and difficulties in transforming individual patent achievements. Among them, some weaknesses of fraud victims are important factors for fraudsters to succeed easily.
Generally speaking, quite a few patentees have many problems, such as ignorance of the law, lack of experience in business communication, overestimation of their own patents, poor awareness of self-protection and so on.
Patent holders are often eager to transfer their patents in exchange for economic benefits. "impatience" constitutes the most fatal weakness of their credulity, and it is easy to be used by scammers. First, it is too urgent to convert patents, and unconditionally obey the arrangement of the other party, fearing that its own conditions will lead to bankruptcy of the transaction; Second, the counterparty is often deceived by its external image (such as developed country background, working in high-end office buildings, etc.). ) without careful and in-depth investigation; Third, the lack of calm analysis and judgment on high-priced transfer, casual credulity; Fourth, in the process of business communication, I don't pay attention to collecting evidence and lack self-protection awareness; Fifth, the failure to report the case to the public security department in time after being cheated objectively encouraged criminals to continue to cheat.
First of all, we should improve the significance of prevention and be clear-headed and not credulous. In the process of economic communication, one is to verify the qualifications of the object. Check the legality, economic strength and other information with the public security, notary, industry and commerce or their superiors, and try to find partners with high credibility and strength; Second, we must keep our wallets tight and firmly grasp a principle in patent trading. If we don't see the result, we will never pay. For criminals, the ultimate goal is to get money, so in communication, you should say to yourself: Everything that costs money is in no hurry. Let it go first and see if the other party is in a hurry. If the other party is eager to let you take the bait, it will be more anxious than you, and it will naturally show the clues.
Secondly, we should master the relevant patent, economic and legal knowledge, understand the process of patent trading and transfer, and don't be deceived by some simple and clumsy means. If economic conditions permit, it is best to entrust a formal and reputable intermediary agency to promote the application, which can effectively reduce the risk.