State Intellectual Property Office: Refined patent value analysis indicators from three dimensions: legal, technical, and economic, and organized the compilation and distribution of the "Patent Value Analysis Indicator System"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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State Intellectual Property Office: Refined patent value analysis indicators from three dimensions: legal, technical, and economic, and organized the compilation and distribution of the "Patent Value Analysis Indicator System"

Release Time：

2022-09-07

Recently, the State Intellectual Property Office issued a letter responding to Proposal No. 04969 (Science and Technology No. 335) of the Fifth Session of the 13th CPPCC National Committee. . Our office organized the compilation and distribution of the "Patent Value Analysis Indicator System", which refined the patent value analysis indicators from three dimensions: legal, technical and economic. Practically apply relevant indicator systems in scientific research institutes, large enterprises and professional institutions, and standardize and guide different entities to establish and improve patent evaluation management systems. On this basis, we have actively promoted the formulation of national standards for patent assessment guidelines, and have completed the drafting of the standard text and publicly solicited opinions.

Letter from the State Intellectual Property Office regarding Proposal No. 04969 (Science and Technology No. 335) of the Fifth Session of the 13th CPPCC National Committee

Member Yang Xixiong:

Your "Proposal on Vigorously Developing Intellectual Property Finance and Broadening Financing Channels for Technology-based Small and Medium-sized Enterprises" has been received. Taking into account the opinions of the Ministry of Finance and the China Banking and Insurance Regulatory Commission, the reply is as follows.

1. Regarding “Improving the Intellectual Property Value Evaluation Standard System”

(1) Strengthen policy guidance. In July 2021, our office formulated and issued the "Notice on Promoting and Standardizing Intellectual Property Operations", making arrangements for improving intellectual property evaluation service capabilities, proposing to actively study and promote relevant normative guidelines for intellectual property evaluation, and improve the professionalization and intelligence of evaluation level, encourage the development of assessment tools for different scenarios, and guide enterprises to establish specific measures such as value assessment mechanisms.

(2) Improve the evaluation mechanism. Our office organized the compilation and distribution of the "Patent Value Analysis Indicator System", which refined the patent value analysis indicators from three dimensions: legal, technical and economic. Practically apply relevant indicator systems in scientific research institutes, large enterprises and professional institutions, and standardize and guide different entities to establish and improve patent evaluation management systems. On this basis, we have actively promoted the formulation of national standards for patent assessment guidelines, and have completed the drafting of the standard text and publicly solicited opinions. The Ministry of Finance guides the China Asset Appraisal Association to continuously improve the system of intellectual property asset appraisal standards. It has now formed the "Asset Appraisal Practice Guidelines - Intangible Assets", "Intellectual Property Asset Appraisal Guidelines" and asset appraisal guidance opinions for patents, trademarks and copyrights respectively. A system of asset valuation standards that includes.

(3) Strengthen data support. Our office conducted data extraction and statistical analysis on the patent licensing contract information filed during the "Thirteenth Five-Year Plan" period, and released the "Thirteenth Five-Year Plan National Economic Industry (Category) Patent License Statistical Table" to provide information for intellectual property licensing, transactions, etc. Provide data reference for evaluation pricing. The China Banking and Insurance Regulatory Commission supports all banking and insurance bureaus to work with local intellectual property management departments and copyright management departments to promote the establishment of a database of intellectual property asset evaluation institutions, expert databases and intellectual property financing project databases, promote the standardization of intellectual property pricing and evaluation, and carry out intellectual property pledge financing for commercial banks. Create good conditions.

(4) Improve evaluation capabilities. The China Banking and Insurance Regulatory Commission supports banks to improve their ability to identify the value and role of intellectual property by establishing a database of external evaluation agencies and innovating internal evaluation methods. For example, Industrial Bank has established a database of external intellectual property evaluation professional institutions; Agricultural Bank of China allows intellectual property rights whose fair value is within a certain amount in the financial reports of small, medium and micro enterprises to be determined at a value not exceeding the fair value; Bank of Communications Beijing Branch bases its assessment on the value and Establish a patent evaluation index system based on the two major dimensions of risk.

In the next step, our office will continue to work with relevant departments to accelerate the formulation of national standards for patent evaluation guidelines, improve the intellectual property asset evaluation guideline system, promote the sharing of intellectual property-related data and pledge information, and encourage evaluation service agencies to develop intelligent systems based on intellectual property big data. We will use standardized evaluation tools to continuously improve the scientific nature and convenience of intellectual property evaluation work.

2. Regarding “improving the intellectual property trading market”

(1) Strengthen platform support. Together with the financial department, 4 batches of support were provided to 37 key cities to build intellectual property operation service systems and improve the intellectual property operation service chain and ecosystem. It has successively supported the construction of 7 featured pilot platforms for intellectual property transaction operations and financial services and 24 regional and industrial intellectual property operation centers, supported the platform in conducting business cooperation with intellectual property operating institutions, funds, etc., and smoothed transaction channels.

(2) Strengthen information sharing. Work with the National Development and Reform Commission and other departments to jointly promote the construction of an intellectual property pledge platform to provide the public with comprehensive services such as intellectual property pledge information, financial product information, corporate credit information inquiry, and intellectual property business processing navigation, with the capability of "one platform gathering, one-stop" "Inquiry and one-window display" functions provide convenient online services for corporate financing.

In the next step, our bureau will work with relevant departments to solidly promote the construction of national intellectual property and scientific and technological achievements property rights trading institutions, promote the construction of a more complete trading market, and promote the improvement and expansion of financial services such as intellectual property pledge financing.

3. Regarding “Innovative Bank Assessment Management Model”

The China Banking and Insurance Regulatory Commission encourages commercial banks to support the development of intellectual property pledge financing business through separate credit plans, special assessment incentives, etc., on the premise that risks are controllable. Support commercial banks in establishing risk assessment, credit review, credit due diligence and reward and punishment systems that are suitable for the characteristics of intellectual property pledge financing, and innovate the credit approval system and interest rate pricing mechanism. Commercial banks are required to further establish and improve an internal due diligence exemption mechanism and a scientific performance appraisal mechanism that are consistent with the characteristics of intellectual property pledge financing. The handling personnel will be exempted from liability if they have performed their duties dutifully during the handling of intellectual property pledge financing business.

Some banks have promoted the development of intellectual property pledge financing business through measures such as optimizing internal assessment standards, implementing due diligence exemptions, differentiated interest rate pricing, and setting up specialized institutions. For example, the Agricultural Bank of China has made it clear that if the non-performing rate of intellectual property pledge financing is within 3 percentage points (inclusive) higher than the non-performing rate of various loans, points will not be deducted in the internal assessment and evaluation; China Construction Bank will not deduct points in key areas such as advanced manufacturing , project intellectual property pledge financing business, implement economic capital assessment tilt; Minsheng Bank Hangzhou Branch established an intellectual property project review center, set up dedicated personnel and posts, and opened a fast approval channel; Industrial Bank established exclusive Service team, equipped with differentiated assessment and incentive mechanisms.

In the next step, the China Banking and Insurance Regulatory Commission will work closely with our bureau and other relevant departments to further solve the difficulties and obstacles in the intellectual property pledge financing business, promote the orderly expansion of intellectual property pledge financing, and better support the development of technology-based small and medium-sized enterprises.

I sincerely thank you for your concern and support for intellectual property work. I hope you will continue to pay attention to the development of intellectual property work and provide more valuable opinions and suggestions on intellectual property work.

State Intellectual Property Office

August 29, 2022

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