State Knowledge Bureau: Letter of reply of the State Intellectual Property Office to No. 0996 of the Fifth Session of the 13th National People's Congress on the Proposal to continuously stimulate the vitality of market entities-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Knowledge Bureau: Letter of reply of the State Intellectual Property Office to No. 0996 of the Fifth Session of the 13th National People's Congress on the Proposal to continuously stimulate the vitality of market entities

Release Time：

2022-08-25

Letter of reply from the State Intellectual Property Office to the Fifth Session of the 13th National People's Congress No. 0996 on the Proposal to continuously stimulate the vitality of market entities Representative Li Zhiqiang: Your proposal on Continuously stimulating the vitality of market entities has been received. In accordance with the functions of our bureau, my reply is as follows. Your suggestions focus on solving the development problems of small and medium-sized enterprises, and put forward specific measures in the aspects of improving the legal system in new fields and new forms of business, digital enabling intellectual property services, etc., which is highly targeted and of reference significance. Our bureau deeply agrees with this and earnestly studies and absorbs it in practical work. Positive results have been achieved in IPR protection in new areas and new forms of business and in IPR informatization.

Representative of Li Zhiqiang:

Your proposal on Continuously Stimulating the vitality of market entities has been received. In accordance with the functions of our bureau, my reply is as follows.

Your suggestions focus on solving the development problems of small and medium-sized enterprises, and put forward specific measures in the aspects of improving the legal system in new fields and new forms of business, digital enabling intellectual property services, etc., which is highly targeted and of reference significance. Our bureau deeply agrees with this and earnestly studies and absorbs it in practical work. Positive results have been achieved in IPR protection in new areas and new forms of business and in IPR informatization.

I. Improving laws and regulations related to intellectual property by focusing on new fields and new forms of business

(1) Improving patent examination standards. We will intensify research on social needs, actively respond to the development requirements of new technologies, new fields, and new forms of business, and revise and improve relevant review standards. Since 2017, the Patent Examination Guidelines have been amended several times, including technical solutions related to business model innovation into the scope of patent protection objects, optimizing the writing requirements for claims involving computer program inventions, and clarifying the examination rules for patent applications in fields such as artificial intelligence, "Internet +", big data, and blockchain. In 2021, a new round of revision of the "Patent Examination Guidelines" was launched, and the review standards for patent applications for artificial intelligence and big data-related inventions were further clarified in the revised draft, and public comments have been completed.

(2) Improve the patent examination policy. We will innovate a variety of on-demand review models, continue to improve relevant policy systems, and meet the individual needs of innovation entities in new fields and new business formats. In 2017, the Administrative Measures for Priority Examination of Patents were revised and issued, including patent applications involving the Internet, big data, cloud computing and other fields into the scope of priority examination. In 2019, the Administrative Measures for Centralized Examination of Patent Applications (Trial) was issued and implemented to establish a centralized examination system for patent applications in key advantageous industries such as artificial intelligence, Internet of Things, intelligent manufacturing, and biotechnology, so as to better meet the needs of market players to accelerate the cultivation of core patents.

Second, on accelerating the construction of national intellectual property big data centers and public service platforms

(1) Optimize and improve the functions of the National Intellectual Property Public Service network and other systems. In January 2020, the National Intellectual Property Public Service network was launched for trial operation, and various businesses such as trademark, patent, geographical indication, and integrated circuit layout design application, payment, information query, retrieval and data download were initially realized, with a cumulative visit of nearly 5 million times. At the same time, with the public service network as the carrier, constantly improve the new generation of patent search and analysis system, including the patent data of 105 countries and regions, the deployment of 29 local end, the total number of registered users more than 68,000, the number of self-built database nearly 3,000, a total of innovation and entrepreneurship subjects and the public to provide patent search and analysis services nearly 6.6 million times. 154 million patent bibliographic items were downloaded, and intellectual property information service capabilities continued to improve.

(2) Steadily promote the construction of intellectual property protection information platform projects. Focusing on the business links in the field of intellectual property examination and authorization, administrative law enforcement, and comprehensive supervision, with the goal of improving the level of cross-departmental, cross-regional and cross-level data sharing and business collaboration, the project construction of the intellectual property protection information platform is promoted in an orderly manner. At present, the feasibility study report of the platform project has been submitted to the National Development and Reform Commission and completed the expert review, and the project construction will be started in time after the approval of the project, and the completion of the project will provide more powerful information support for the coordination of all aspects of intellectual property protection.

On the basis of the previous work, the National Intellectual property Big Data Center and public service platform have been promoted to be included in the "14th Five-Year Plan" to Promote the National Government Informatization Plan, and the project framework plan is being prepared. After completion, it will gather basic IP data such as global trademarks, patents, geographical indications, and integrated circuit layout design, and realize the association of IP data with related economic, technological and legal information, as well as the integration of IP business services, government services and information service platforms, and further improve the supply level and quality of IP public services.

In the next step, the bureau will continue to pay attention to the development trend of new fields and new forms of business, constantly improve the design of intellectual property system, actively strive for the early construction of the National intellectual property Big Data Center and the national intellectual property public service platform, continue to optimize the supply of intellectual property public services, and fully stimulate the innovation vitality of market players.

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 valuable suggestions for our work.

State Intellectual Property Office

August 15, 2022

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