State Intellectual Property Office: We must actively cooperate in the investigation of abnormal patent applications and malicious trademark registration applications!-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office: We must actively cooperate in the investigation of abnormal patent applications and malicious trademark registration applications!

Release Time：

2023-04-18

Recently, the Office of the State Intellectual Property Office issued a notice on the key points of the local intellectual property business acceptance window in 2023. It is mentioned that all relevant windows should strengthen ideological risk management and control at the front end of patent examination, further implement the requirement to move the trademark legality examination frontier, and effectively manage and control various risks in the examination business. It is necessary to actively cooperate in the investigation of abnormal patent applications that are not intended to protect innovation and malicious trademark registration applications that are not intended to be used, so as to further build a solid foundation for the high-quality development of intellectual property rights. Carry out business system and data management as required to ensure data and network security.

Notice from the Office of the State Intellectual Property Office on Issuing the Main Points of the Local Intellectual Property Business Acceptance Window in 2023

State Intellectual Property Office Hanyun Zi [2023] No. 276

The Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning, the Xinjiang Production and Construction Corps, the Sichuan Provincial Intellectual Property Service Promotion Center, and relevant local centers:

The "Key Points for the Work of Local Intellectual Property Business Acceptance Window in 2023" are now issued to you. Please implement it conscientiously based on actual conditions.

Notice is hereby given.

State Intellectual Property Office

April 10, 2023

Key points of local intellectual property business acceptance window work in 2023

Since the 2020 "Notice of the State Intellectual Property Office on Regulating the Names of Local Patent and Trademark Business Window and Steadyly Promoting the "One Window" for Intellectual Property Business" (Guozhifayunzi [2020] No. 36), all localities have conscientiously implemented it and actively promoted Patent and trademark acceptance services are handled in a centralized manner, achieving full coverage of patent and trademark acceptance services at the provincial level through “one window.” In 2023, the work of local intellectual property business acceptance windows must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 20th National Congress of the Communist Party of China, and conscientiously implement the "Outline for Building a Strong Intellectual Property Power (2021-2035)" and " The "14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan" focuses on improving mechanisms, improving efficiency, optimizing services, and comprehensively promoting the high-quality development of intellectual property business acceptance windows from a new starting point.

1. Improve the window management mechanism and improve the level of standardized operation

(1) Strengthen the standardized management of window operations. Establish and improve the window working mechanism covering window construction management, business training guidance, daily supervision and inspection, etc., conduct joint inspections of comprehensive business windows in a timely manner, gain an in-depth understanding of business integration and operation, and inspect window system construction, name specifications, logo hanging, external Publicity and staffing, etc., and promote the institutionalization and standardization of window operation management. All comprehensive business acceptance windows, especially the newly integrated windows, must effectively streamline their working mechanisms, accelerate business integration, and achieve deep integration, complementation and mutual promotion of patent and trademark businesses. It is necessary to adapt to new changes in the intellectual property management system, strictly implement relevant business management regulations, and ensure the work team, service environment and service quality.

(2) Effectively prevent various business risks. All relevant windows must strengthen ideological risk management and control at the front end of patent review, further implement the requirement to move the trademark legality review gate forward, and effectively manage and control various risks in the review business. It is necessary to actively cooperate in the investigation of abnormal patent applications that are not intended to protect innovation and malicious trademark registration applications that are not intended to be used, so as to further build a solid foundation for the high-quality development of intellectual property rights. Carry out business system and data management as required to ensure data and network security.

(3) Optimize the layout of local business windows. Focusing on the national major regional development strategies and the pilot demonstration areas for building an intellectual property powerhouse, and combining the actual needs of local trademark business, we will steadily promote the establishment of additional trademark business acceptance windows. Establish a dynamic adjustment mechanism for trademark business acceptance windows, carry out self-examination and rectification of windows with obviously low business volume and insufficient service quality, and integrate windows when necessary. All local intellectual property management departments should coordinate and standardize the setting of extended windows for business consultation, material acceptance and other matters related to patent agencies, and provide work guidance, supervision and management. The extended windows set up by the patent agency in the form of workstations, service points, etc. can be set up in coordination with the local trademark business acceptance windows according to the actual situation to better achieve comprehensive service efficiency.

2. Expand window business functions and improve comprehensive service efficiency

(4) Actively expand the scope of window business. Each window should combine the breadth of business expansion with the depth of business development, give full play to the advantages of talent teams and basic hardware, and actively strive to undertake related businesses such as geographical indications, integrated circuit layout design, national defense patents, and patent priority review and acceptance services. Continuously expand business functions, extend service chains, and better leverage comprehensive service effectiveness. Support each window to take advantage of being close to market entities, carry out various services such as intellectual property legal education, information services, and policy publicity, cultivate a good intellectual property cultural atmosphere, and create a cultural publicity and legal popularization position.

(5) Continuously deepen application and promote business. Encourage qualified windows to actively participate in local patent conversion special plans, intellectual property pledge financing activities to benefit enterprises in the park, geographical indication use promotion projects, intellectual property service "Ten Thousand Miles Journey" and other activities, and make full use of window service space and publicity channels and other resources, Participate in organizing various activities such as public welfare docking and policy interpretation, increase efforts in exploring and docking demand for patent conversion, and cooperate in carrying out relevant data statistical analysis work. Guide each window to do a good job in handling patent open licensing business, legal consultation and policy publicity, and submit submissions in accordance with the "Announcement of the State Intellectual Property Office on the Interim Measures for the Handling of Examination Business Related to the Implementation of the Revised Patent Law" (No. 510) statement, and do a good job in accepting related work; for licenses reached through open licensing pilots in various places, both parties to the license are supported to file in accordance with the relevant requirements of the "Patent Implementation Licensing Contract Filing Management Measures"; after the open licensing system is fully implemented, in accordance with the relevant requirements of the national bureau Do a good job in business support. Encourage comprehensive business acceptance windows and trademark business acceptance windows to undertake the task of building trademark and brand guidance stations, participate in the implementation of actions related to enhancing trademark and brand value, and improve service efficiency for regional and grassroots trademark and brand work.

3. Enhance window service capabilities and promote window service facilitation

(6) Accelerate adaptation to new regulations and new businesses. All relevant windows should organize relevant special training in a timely manner according to the revision progress of the "Patent Law Implementing Rules" and "Patent Examination Guidelines", combined with personnel changes and relevant business requirements, and ensure the orderly connection between examination rules and business. All relevant windows must cooperate with the launch of the China Patent Intelligent Examination and Retrieval System, conduct solid verification of system functions, data, user feedback and other issues as required, guide applicants to handle business online, and jointly promote the smooth operation of the system. After the local pilot of the patent declaration system for financially funded scientific research projects is launched, relevant local windows should actively participate in the pilot work and provide operational guidance, publicity and guidance, consulting services and other related work.

(7) Build a high-quality window service team. Each window should make overall use of various training resources of the State Intellectual Property Office, and increase the intensity of window business work, learning and exchange through work groups, training classes and other forms. Based on the actual construction of the talent team, we must actively use various training platforms and the creation of "Youth Civilization Account" to vigorously cultivate "multi-skilled" talents and create a good environment conducive to the rapid growth of talents. For windows that have been established for a short period of time, have weak work foundations, and have large new business needs, promote the use of follow-up learning and other methods, and organize the backbone of the window business to go to the Patent Office Preliminary Examination Process Department, the Trademark Office, or the provincial comprehensive business window to learn and practice, and accelerate the improvement of business capabilities. Based on the construction of talent teams, each window must continuously innovate service measures, improve service quality and efficiency, achieve "one-stop service, one-time service", and effectively enhance the sense of gain and satisfaction of market entities and the public.

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