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State Intellectual Property Office: Typical cases of abnormal patent applications

Release Time：

2023-09-04

In order to implement the deployment of the "14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan" and promote the high-quality development of intellectual property undertakings, the State Intellectual Property Office severely cracks down on irregular patent applications and agency behaviors, especially fabricated and plagiarized patent applications. A number of agencies that violated regulations and acted for abnormal patent applications were subject to administrative penalties and were included in the market supervision and management list of serious violations and dishonesty. The order of patent application work continues to improve.

In order to consolidate the work results, warn those who apply for irregular patents, and promote the improvement of the quality of patent applications, some typical cases discovered in the process of cracking down on irregular patent applications are disclosed as follows:

1. Agencies submit plagiarized or fabricated patent applications

Case 1:An intellectual property agency company submitted a patent application that plagiarized existing technology or had obviously identical application content. The patent applications he represents involve different technical fields, but except for the different invention names, the contents of the description and claims are exactly the same. In addition, after the abnormal patent application represented by the company was notified and voluntarily withdrawn, it again represented the company and repeatedly submitted multiple identical applications.

The above-mentioned agency was given a "large number of irregular patent applications" due to the fact that it acted for a large number of irregular patent applications and that after the irregular patent applications it represented were notified and voluntarily withdrawn by the State Intellectual Property Office, it again acted as an agent for the same patent application with a large number of repeated submissions. The administrative penalty of revoking the patent agency's practicing license" was imposed, and it was included in the market supervision and management list of serious violations of law and dishonesty.

2. The agency uses false addresses and contact information to submit patent applications

Case 2: During the verification process of abnormal patent application notifications, it was discovered that the addresses and phone numbers of applicants for a large number of patent applications were incorrectly filled in. For example, the applicant for a patent application submitted by an intellectual property agency company is a company, and the address is "Room 602, Building ****, ×× City, ×× Province". After on-site verification by the local Intellectual Property Office, the building has only 5th floor, the 6th floor is the rooftop.

Another example is that the applicant for a patent application submitted by an intellectual property agency company is a hospital in XX Province, and the address is "Unit ****204, XX City, XX Province". After on-site verification by the local Intellectual Property Office, the applicant The land is residential and there are no hospitals nearby.

The State Intellectual Property Office issued administrative penalties on February 20, 2023, ordering these two agencies to stop undertaking new patent agency business for six months, and were included in the market supervision and management list of serious violations of law and dishonesty.

3. Organized fabrication, buying and selling of patents

Case 3: In order to obtain funding for patent applications in the park, a certain enterprise and its 50 associated companies hired local college students to make up patent applications. The submitted applications generally had claim features piled up and complex mechanical structures were used to implement simple functions.

At the same time, these companies or their legal representatives changed other people's applications that were in the authorization period to their own names. Many of the applications changed the inventors. After the patent application was authorized, it was then changed to different parties in many places across the country. Their behavior was suspected of Do not buy or sell patent application rights or patent rights for the purpose of implementing patented technology, designs or other legitimate purposes, or falsely change the inventor.

Case 4: More than 20 people from a company, with Wu as the core, formed a large-scale abnormal patent application group. From 2018 to 2020, 718 companies were registered nationwide with no R&D investment, no R&D personnel, and no production operations. The above-mentioned companies submitted a total of 3,602 abnormal patent applications. The claims were all piled up with technical features and the scope of protection was unnecessarily narrowed. At the same time, the above-mentioned company also had multiple patent applications where the applicant and inventor were changed during the licensing period, and the patentee was changed within a short period of time after the patent was granted. Moreover, once all the patents under its name were transferred out, the company was immediately deregistered. This behavior It is suspected of buying and selling patent application rights or patent rights without implementing patented technology, designs or other legitimate purposes, and falsely changing the inventor. There is an obvious subjective intention to defraud financial aid and resell patents. The local market supervision department has ordered it to return the intellectual property fiscal subsidy funds and conduct a joint investigation into the gang with the procuratorate and public security organs.

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