State Information Administration: | Letter of Reply to Proposal No. 03510 (Science and Technology Category No. 160) of the Fifth Session of the 13th National Committee of the CPPCC-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Information Administration: | Letter of Reply to Proposal No. 03510 (Science and Technology Category No. 160) of the Fifth Session of the 13th National Committee of the CPPCC

Release Time：

2022-09-06

Recently, the State Intellectual Property Office issued a letter on the reply to the proposal No. 03510 (Science and Technology category No. 160) of the Fifth meeting of the 13th National Committee of the CPPCC. It says,We will promote the examination of the obvious creativity of utility models.At present, China's utility models adopt the review system of "preliminary review + evaluation report". In the preliminary examination, the examiner may examine whether the application for a utility model patent is manifestly non-novel on the basis of information obtained about prior art or conflicting applications. In order to further improve the quality of utility model authorization, the State Intellectual Property Office actively promotes the reform of the utility model system, and in the draft amendment of the Implementation Rules of the Patent Law, the obvious lack of creativity is included in the scope of the initial examination of utility models, and the supporting amendment of the Patent Examination Guide to further refine and improve the relevant examination standards.

Letter of reply of the State Intellectual Property Office on Proposal No. 03510 (Science and Technology Category No. 160) of the Fifth Session of the 13th National Committee of the CPPCC

Member LI Yusheng:

Your "Proposal on regulating the market order of the lithium battery industry and Avoiding the abuse of" problem patents "for malicious competition" has been received. Based on the opinions of the Supreme People's Court, my reply is as follows.

New energy industries such as lithium batteries are typical patent-intensive industries, and high-quality patent layout is the basis for the innovation and development of lithium battery enterprises. Your suggestions on strict patent examination, improving the standards for confirming rights, and strengthening administrative and judicial coordination are highly relevant and of reference significance. Our bureau agrees with you and will actively take measures together with the Supreme People's Court to continuously improve the examination standards, improve the quality of authorization, and promote the unification of administrative review standards and judicial adjudication standards.

I. On "Improving the Standards for Confirming and reviewing Scientific Norms"

For patent applications defined by formula parameters and related features, section 3.2.5 of Part II, Chapter III of the Patent Examination Guidelines provides that the properties and parameters in the claims should contain a particular structure and/or composition that distinguishes them from the structure and/or composition of the comparative document product, or that the applicant can demonstrate that the two are different. The patent application may be novel. Our bureau strictly examines patent applications limited by formula parameter characteristics in accordance with the law, makes a good authorization threshold, and gives full play to the transmission role of high-quality review in promoting high-quality creation. At the same time, strengthen the review business guidance from the aspects of application fact identification, invention concept grasp, and legal application, deepen the communication between inspectors and innovative subjects in the field of lithium batteries through research and visits, practical training, and technical update lectures, and take multiple measures to promote the improvement of technical understanding and legal application ability. To ensure a more objective and accurate assessment of the novelty and creativity of patent applications.

At the same time, continue to strengthen the regulation of patent application behavior. In 2017, the "Several Provisions on Regulating Patent Application Behavior" was amended, and in 2021, the "Measures on Regulating Patent Application Behavior" was issued, which stated that "the submitted patent application has fabricated, forged or altered the content of invention and creation, experimental data or technical effects." Or plagiarism, simple replacement, patchwork of existing technology or existing design and other similar situations "as abnormal patenting behavior, and to carry out special investigation and processing of fabricating patent applications. In 2021, a total of 815,000 abnormal patent applications in four batches were notified to local governments, with a withdrawal rate of more than 90%, which significantly improved the quality of patent applications.

Ii. On "Coordinated Efforts of Administrative and judicial Organs"

(1) Promoting the examination of the obvious creativity of utility models. At present, China's utility models adopt the review system of "preliminary review + evaluation report". In the preliminary examination, the examiner may examine whether the application for a utility model patent is manifestly non-novel on the basis of information obtained about prior art or conflicting applications. In order to further improve the quality of utility model authorization, the Bureau actively promotes the reform of the utility model system, and in the draft amendment of the Implementation Rules of the Patent Law, the obvious lack of creativity is included in the scope of the initial examination of utility models, and the supporting amendment of the Patent Examination Guide to further refine and improve the relevant examination standards.

2. Promoting the unification of standards for judicial adjudication and administrative review. In the trial of intellectual property appeals, the people's courts have established a collaborative promotion mechanism for the trial of patent civil and administrative cases from the aspects of screening and coordination, procedure cohesion, trial mechanism, and judgment standards, so as to realize the organic connection between the judgment of the validity of rights and the two litigation procedures of infringement. At the same time, the Supreme People's Court has issued judicial interpretation of evidence in intellectual property civil litigation, continuously improved the systems of evidence submission, proof obstruction, evidence preservation, and judicial appraisal, and encouraged and guided parties to actively provide evidence, which has played an important role in solving the problem of "difficulty in providing evidence" in intellectual property civil litigation, reducing the cost of rights protection, and improving the quality and effectiveness of intellectual property judicial protection. Based on objective facts and evidence, the Bureau makes accurate evaluation of the patents involved in invalid cases from multiple perspectives such as technology and law, and promotes a high consistency between the results of administrative right confirmation decisions and subsequent trial results.

In the next step, the Bureau will continue to promote the renewal of patent examination concepts, technological innovation, and work innovation, guided by national needs and user satisfaction, constantly improve the examination standards, innovate the examination model, enhance the examination capacity, and strengthen the effective connection with the Supreme People's Court in the administration of justice, so as to provide stronger support for innovation-driven development.

We sincerely thank you for your concern and support for intellectual property work, and hope to continue to pay attention to the development of intellectual property cause and put forward more valuable suggestions and suggestions for intellectual property work.

State Intellectual Property Office

August 29, 2022

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