Guo Zhi Fa Bao Zi [2021] No.1
Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Intellectual Property Service Promotion Center and Guangdong Intellectual Property Protection Center; All departments of the Bureau, all departments of the Patent Office, all units directly under the Bureau and all social organizations:
In order to thoroughly study and implement the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, conscientiously implement the decision-making arrangements of the CPC Central Committee and the State Council, and effectively promote China’s transformation from a big country to a big country, and from pursuing quantity to improving quality, in recent years, the whole system has carried out in-depth patent quality improvement projects, and local intellectual property departments at all levels have strengthened the regulation of patent application-related support policies and severely cracked down on abnormal patent application-related behaviors, which has played an important role in encouraging and protecting innovation and promoting high-quality development of intellectual property rights. However, at present, there are still some places that do not pay enough attention to the requirements of high-quality patent development, fail to implement them effectively, and blindly pursue quantitative indicators. Abnormal patent application behavior that does not aim at protecting innovation still exists, which seriously disrupts the administrative order, harms public interests, hinders enterprise innovation, wastes public resources and destroys the patent system. In order to strictly implement the requirements of high-quality development, further standardize the patent application behavior, improve the quality of patent application, and eliminate the abnormal patent application behavior not aimed at protecting innovation, the relevant matters are hereby notified as follows:
First, clear work objectives
Efforts will be made to guide the number and quality of patent applications to adapt to the level of regional economic development, industrial development needs and scientific and technological innovation capabilities, scientifically set various work indicators, strengthen quality guidance, and effectively play the leading role of high-quality development indicators. Further adjust and improve policies such as funding and incentives, completely cancel funding for patent applications, and focus on increasing support for subsequent transformation and application, administrative protection and public services. Clean up and standardize the order of patent applications, resolutely crack down on and effectively curb abnormal patent applications that do not aim at protecting innovation, and promote the high-quality development of intellectual property rights.
Second, grasp the key points of work
The implementation of the following abnormal patent applications (hereinafter referred to as such applications) for the purpose of protecting innovation shall be severely cracked down and dealt with in accordance with relevant laws, regulations and policies.
(1) Six situations stipulated in Article 3 of Several Provisions on Regulating the Behavior of Patent Application (Decree No.75 of China National Intellectual Property Administration);
(2) Units or individuals intentionally submit related patent applications in a decentralized manner;
(3) The entity or individual submits a patent application that is obviously inconsistent with its R&D capability;
(four) the unit or individual abnormal reselling patent applications;
(5) The patent application submitted by a unit or individual has obvious behaviors that do not conform to the common sense of technical improvement, such as technical scheme to realize simple functions with complex structure, combination or stacking with conventional or simple features;
(six) other acts that violate the principle of good faith stipulated in the Civil Code, do not conform to the relevant provisions of the Patent Law, and disturb the order of patent application management.
The above "units and individuals" include the same natural person, legal person, other organizations and the same actual controller.
Third, strengthen work measures
For this kind of application, in addition to strictly handling the submitted patent application according to the provisions of the Patent Law and its detailed rules for implementation, the following measures should be taken according to the circumstances:
(1) The patent fee shall not be reduced for the applicant. If it has been reduced, it is required to pay back the reduced fees. If the circumstances are serious, the patent fee shall not be reduced within five years from this year.
(two) in the China National Intellectual Property Administration municipal government website and "China Intellectual Property News" to be informed.
(3) Deduct the number of such applications from the statistics of the number of patent applications.
(four) cancel the declaration of national intellectual property demonstration and advantage enterprises, intellectual property protection center for the record enterprise qualifications, and China patent award declaration, participating or winning qualifications.
(five) the local intellectual property departments at all levels shall not subsidize or reward the applicant and the relevant agencies. Those that have been funded or rewarded shall be repaid in whole or in part. If the circumstances are serious, it will not be funded or rewarded within five years from this year. Those involved in defrauding financial aid awards are suspected of constituting a crime, and shall be transferred to relevant authorities for criminal responsibility according to law.
(6) Local intellectual property departments at all levels shall intensify investigation and handling of patent agencies that represent such applications and seriously disrupt the order of patent work according to the identification. The All-China Association of Patent Agents takes industry self-discipline measures against patent agencies and patent agents engaged in and involved in such applications.
Fourth, strengthen collaborative governance
(A) improve the scientific assessment indicators. Local intellectual property departments at all levels should firmly establish the concept of high-quality development, actively coordinate with relevant departments to further improve and perfect the evaluation index system related to patent work, improve the scientificity and effectiveness of the evaluation, check and eliminate the growth rate evaluation indicators that are not in line with reality, and avoid taking the number of patent applications as the main basis for the evaluation of departmental work. It is not allowed to set binding assessment and evaluation indicators for the patent application amount, and it is not allowed to apportion the patent application amount indicators to localities, enterprises and agencies by administrative orders or administrative guidance. It is not allowed to compare the number of patent applications (including patent applications through the Patent Cooperation Treaty (PCT)). Once the above behaviors are discovered, the qualification for applying for national intellectual property operation projects, the title of demonstration city awarded by China National Intellectual Property Administration and other preferential policies will be cancelled as appropriate.
(2) Adjusting the patent subsidy policy. Before the end of June 2021, all levels of patent application funding should be completely cancelled. All localities shall not give financial support to patent application in any form, such as funding, incentives and subsidies. The scope of existing local funding should be limited to authorized invention patents (including invention patents authorized overseas through PCT and other means), and the funding method should be in the form of post-authorization subsidies. The total amount of all kinds of subsidies received by the aided object shall not be higher than 50% of the official fees paid for obtaining the patent right, and shall not subsidize the annual patent fee and intermediary service fees such as patent agency. For those who resort to deceit to obtain patent grants, the allocated funds shall be recovered within a time limit. During the "Fourteenth Five-Year Plan" period, all localities should gradually reduce all kinds of financial support for patent authorization and cancel it all before 2025. All localities should focus on optimizing the use and management of financial funds related to patent funding, strengthening the use of patent protection, and focusing on increasing support for subsequent transformation and use, administrative protection and public services.
(3) Highlight the quality orientation of patent applications. China National Intellectual Property Administration regularly reports or publishes local high-quality patent applications and data on the proportion of such applications. If the proportion of such applications increases for two consecutive quarters and the proportion of high-quality patent applications decreases for two consecutive quarters, the local intellectual property department shall be notified. If the above phenomenon occurs for three consecutive quarters, it shall be notified to the local Party committee and government, and the relevant information shall be published on the website of China National Intellectual Property Administration Municipal Government and China Intellectual Property News. If the above phenomenon occurs for one year in a row, all kinds of titles and preferential policies such as demonstration cities awarded by China National Intellectual Property Administration will be cancelled. All kinds of awards involving patents shall not simply take the number of patent applications and authorizations as the main conditions.
(4) Strengthening credit supervision in the field of patent application. Revise the detailed rules for the implementation of the Patent Law, and promote the inclusion of this kind of application as an act of dishonesty in intellectual property credit supervision according to law. Intellectual property departments at all levels should focus on bringing such applications into the scope of supervision when formulating policy documents on intellectual property credit supervision. Strengthen the collaborative governance of serious illegal and untrustworthy agencies. For patent agencies that have been punished for representing such applications, they will be linked and restrained in terms of relevant incentive and reward policies and industry evaluation awards, so as to strengthen the supervision effect.
(five) to strengthen the standardization and supervision of patent transactions. Local intellectual property departments at all levels should implement the responsibility of territorial supervision to regulate intellectual property transactions, resolutely curb patent application rights and patent transfer activities that are obviously not aimed at technological innovation and implementation, strengthen supervision and guidance on intellectual property (patent) trading operation platforms and institutions supported by government departments at all levels, strengthen guidance on various patent trading service institutions and platforms in their jurisdictions, do a good job in reviewing the background of trading targets and traders, and prevent such applications from making profits and washing white through transactions. China National Intellectual Property Administration will strengthen the monitoring of patent transfer, licensing and other registration data, and deal with abnormal patent operation in a timely manner in conjunction with relevant places.
(6) Strengthen inter-departmental information reporting. For detailed information about such applications, local intellectual property departments at all levels should consult relevant departments, take the initiative to inform the administrative departments of science and technology in a timely manner, support and assist the administrative departments of science and technology to strengthen the administrative management of patent applications, and ensure that such applications are not used to defraud high-tech enterprises and other national preferential policies. For the "three noes" shell companies that have no insured, paid-in capital and R&D funds to apply for patents, it is necessary to timely transfer the relevant information to the local market supervision department for strict supervision.
V. Improve the working mechanism
(1) Work docking mechanism. China National Intellectual Property Administration continuously monitors and identifies this kind of application behavior, and timely informs and forwards relevant information about this kind of application behavior to the local authorities. The local intellectual property department strengthens administrative guidance and requires the units and individuals involved and the agency to voluntarily withdraw the relevant application. Those who voluntarily withdraw may be given a lighter punishment as appropriate. If the units and individuals involved and the agencies refuse to withdraw their complaints and provide sufficient evidence, the local intellectual property department will handle them according to the circumstances, and transfer the relevant clues to the market supervision department, the public security department and the credit supervision department according to law.
(2) Information screening mechanism. Patent examination departments and units should strictly examine and reject such applications according to law, and timely discover, summarize and submit relevant clue information. Patent agencies, intellectual property protection centers and intellectual property rights protection centers strictly screen such applications, and submit relevant clues to China National Intellectual Property Administration in time.
(3) Reporting and verification mechanism. Units and individuals are encouraged to report this kind of application behavior, illegal index setting and application funding policy to local intellectual property departments at all levels. Local intellectual property departments at all levels should set up special lines and networks to receive reports. After receiving the report, it should be checked and handled in time and reported to China National Intellectual Property Administration.
(4) Positive guidance mechanism. Actively carry out various forms of publicity and reports to improve the quality of patent applications, strengthen incentives for enterprises and individuals who actively invest in innovation and scientific and rational layout of patents, further enhance the strategic layout awareness and quality awareness of patent applications in the whole society, and effectively improve the quality of patent applications.
Sixth, promote the implementation of the work
(a) to carry out special governance. Throughout 2021, we will focus on special rectification to crack down on such applications. Severely crack down on related behaviors that have found clues. Strive to further standardize the order of patent applications by the end of 2021, such applications will be significantly reduced, and the proportion of high-quality patent applications will continue to increase. China National Intellectual Property Administration will deploy and carry out special treatment from time to time according to the work effect and relevant conditions.
(2) Strengthen self-examination and self-correction. Local intellectual property departments at all levels should focus on work objectives and priorities, carry out in-depth self-examination, comprehensively sort out index setting and funding policies, find out existing deficiencies and outstanding problems, put forward rectification measures, formulate work plans and policies and measures, submit the results of self-examination to China National Intellectual Property Administration on time, and timely submit major clues and key cases.
(3) Strengthen organizational leadership. China National Intellectual Property Administration will provide follow-up guidance and case supervision on the revision of local policies and the handling of cases. Local intellectual property departments at all levels should attach great importance to the significance of cracking down on this kind of application, make a special report to the local people’s government, with the main person in charge responsible, establish a leadership and coordination mechanism, comprehensively judge the local patent application situation, clarify the key objectives and key links, formulate a special work plan, clarify the specific responsible person and contact person, set up a special class, and carry out relevant work in depth and continuously.
I hereby inform you.
China National Intellectual Property Administration
January 27, 2021
