Reply of the State Intellectual Property Office (SIPO) to the Fifth Session of the 13th National People's Congress (NPC) No. 5778 on the Proposal to Raise the proportion of high-value Patents in China to move towards a world patent Power |-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Reply of the State Intellectual Property Office (SIPO) to the Fifth Session of the 13th National People's Congress (NPC) No. 5778 on the Proposal to Raise the proportion of high-value Patents in China to move towards a world patent Power |

Release Time：

2022-08-17

Your proposal to increase the proportion of high-value patents in China toward becoming a world patent power has been received. Based on the views of the General Administration of Market Supervision, my reply is as follows. I. On improving the enterprise-dominated, market-oriented high-quality creation mechanism (I) Continue to strengthen the high-quality development orientation of intellectual property.

Representatives of Yuan Junzhou, Du Zhenxin, Yu Anling, Wen Dong, Li Xiangping and Hu Guihua:

First, on improving the enterprise-oriented, market-oriented high-quality creation mechanism

(1) Continue to strengthen the orientation of high-quality intellectual property development. Promote the "number of high-value invention patents per 10,000 population" to be included in the outline of the national "14th Five-Year Plan", and guide the improvement of invention patents. Increase the overall coordination and coordination of high-quality intellectual property development, jointly with the Ministry of Education, the Ministry of Science and Technology, and the State-owned Assets Supervision and Administration Commission to issue opinions on promoting high-quality intellectual property development, issue annual guidelines on high-quality intellectual property development every year since 2019, and guide the detailed implementation of relevant tasks and arrangements to promote the formation of a good environment for better protection and incentive of high-value patents.

(2) Actively cultivating enterprises' competitive advantages in intellectual property. Continue to deepen the cultivation of national intellectual property advantage demonstration enterprises, lead more enterprises to deploy more high-value patents, and use intellectual property rights to enhance the core competitiveness of enterprises. Up to now, a total of 5,729 advantageous demonstration enterprises have been cultivated, and the number of authorized invention patents and the number of effective invention patents account for more than 50% of the national enterprises. At present, the bureau is organizing the declaration and review of the national intellectual property advantage demonstration enterprises in 2022, and continues to build the first phalanx of the construction of intellectual property strong enterprises.

(3) Promoting the improvement of intellectual property management capabilities of enterprises. Encourage enterprises to implement the national standards of "Enterprise Intellectual Property Management Standards", and ensure high-quality intellectual property creation with standardized management measures. Up to now, more than 67,000 enterprises across the country have effectively strengthened the management of intellectual property rights in all aspects of the whole process of research and development, production and operation, and improved the quality and efficiency of innovation.

Second, on optimizing the intellectual property examination process, improving the quality of intellectual property examination, and reducing junk patents

(1) Optimize the patent examination process. Continue to strengthen the refined management of the patent examination process, optimize the case source and examination resource allocation mode, and comprehensively apply multiple modes such as patent priority examination and pre-examination by the intellectual Property Protection Center, so as to provide efficient and convenient examination services for the public. At the same time, accelerate the optimization and upgrading of the patent examination system, and plan to add functions such as patent electronic application client verification, mobile payment, batch submission of biblioscope changes, batch withdrawal of patent applications, etc. Docking with the national government affairs service platform, the system can automatically verify ID card number, social unified credit code and other information, reduce the applicant's submission of certification documents, and further improve the efficiency of business handling.

(2) Improving the quality of patent examination. Continuously improve the working mechanism related to the quality of patent review, establish a multi-level review quality assurance system, improve the review quality evaluation system covering all business types of the whole process, and improve the internal and external supervision and double evaluation mechanism of the review quality. At the same time, through various means such as conducting search competitions, formulating search norms, and holding technical lectures, we continue to strengthen the capacity building of patent examination teams to provide talent support for improving the quality of examination.

(3) Strengthen the regulation of patent application behavior. Since 2017, it has revised Several Provisions on Regulating Patent Application Behavior, issued institutional regulations and policy documents such as the Measures on Regulating Patent Application Behavior and the Notice on Continuously and Strictly Regulating Patent Application Behavior, and continued to intensify the crackdown on abnormal patent application behavior. In 2021, a total of 815,000 abnormal patent applications were notified to local governments, with a withdrawal rate of more than 90%, which significantly improved the quality of patent applications.

Third, on the sound operation of efficient and smooth, the full realization of value of the application mechanism

(1) Implementing a special plan for patent transformation. The Ministry of Finance organized the implementation of a three-year patent conversion special plan to encourage and support all localities to further unblock patent conversion channels, promote the docking of supply and demand, and help solve the "dilemma" problem of patent conversion difficulties in universities and institutions and technology acquisition difficulties in small and medium-sized enterprises. Thirty provinces (autonomous regions and municipalities directly under the Central Government) followed up and issued implementation plans, and 16 provinces received awards and subsidies. In 2021, the number of operations such as patent transfer, licensing and pledge in the country reached 485,000, an increase of 19.7 percent year-on-year.

(2) Strengthening the IPR operation system. The Circular on Promoting and Regulating Intellectual Property Operation was issued to comprehensively improve the systematization and standardization of intellectual property operation policies. We will work with the Ministry of Finance to support the construction of IP operation service systems in 37 key cities in four batches, support the construction of 31 IP operation platforms (centers) in key industries and regions, improve the IP operation service chain and ecosystem, and provide professional service support for the transfer and transformation of IP.

(3) Promoting intellectual property pledge financing. China Banking and Insurance Regulatory Commission and other departments to carry out intellectual property pledge financing into the park Hui enterprises for three years, deepening strategic cooperation with the Bank of China and China Construction Bank. Develop and promote special products for intellectual property financing, and innovate financing methods. At present, patent, trademark mixed pledge, park enterprise collection credit and other models have achieved positive results. In the first half of 2022, the national patent and trademark pledge financing amount reached 162.65 billion yuan, an increase of 51.5%, benefiting 9,760 enterprises, an increase of 68.0%, of which 6,951 inclusive loans of less than 10 million yuan benefited small and medium-sized enterprises, accounting for 71.2% of the total number of beneficial enterprises, an increase of 111.7%.

Fourth, to improve the unified leadership, smooth connection, fast and efficient collaborative protection pattern, unswervingly implement a strict intellectual property protection system

(1) Improving cross-departmental and cross-regional coordinated protection. The Opinions on Strengthening the Protection of Intellectual Property Rights and its promotion plan are implemented with high standards, and the inspection and assessment of intellectual property protection work is the starting point to promote all regions and departments to improve the intellectual property protection system. Strengthen cooperation with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, the General Administration of Market Regulation and other departments, and accelerate the establishment of an operational mechanism that integrates administrative protection of intellectual property rights with criminal justice and complements their strengths. To guide six central provinces, 18 prefectures and cities in Shanxi, Hebei, Shandong and Henan, and three provinces and one city in the Yangtze River Delta to strengthen cross-regional cooperation on IPR administrative protection.

(2) Intensify efforts to crack down on intellectual property infringement. Every year, the national work plan for intellectual property administrative protection is issued, focusing on key areas, key links and multiple areas, and more than 20 specific tasks are deployed to carry out special governance. China has issued law enforcement norms such as the Standards for Judging Trademark Infringement and the Guidelines for Handling Cases of Administrative Rulings on Patent Infringement Disputes, and provided timely answers to difficult problems in local intellectual property law enforcement and handling cases, unified law enforcement standards, and improved law enforcement. Issued and implemented the Provisions of the State Intellectual Property Office on the Credit Management of Intellectual Property Rights, cooperated with the State Administration of Market Supervision and issued the Measures for the Management of the List of Serious violations of Market Supervision and Dishonesty, and included a number of parties who intentionally violated intellectual property rights in the list of serious violations of law and dishonesty, forming a powerful deterrent.

(3) Strictly investigate and punish illegal activities in the field of patent. The General Administration of Market Regulation has made the enforcement of intellectual property rights a key work of market supervision, and organized local market supervision departments to strengthen law enforcement in key areas and regions with high incidence of infringement and counterfeiting. In 2021, market supervision departments across the country investigated and dealt with more than 10,000 illegal cases in the field of patents. At the same time, we will increase the exposure of typical cases, and publicize typical cases of counterfeit patents and illegal patent agencies to the public during the annual Intellectual Property Publicity Week, so as to interpret the law and publicize the law with the case, and produce a powerful warning and deterrent effect.

(4) Jointly promote the fight against infringement and counterfeiting. The General Administration of Market Regulation gives full play to the coordinating role of the Office of the National Leading Group for Combating Infringement and Counterfeiting, focuses on online and offline markets, and coordinates member units to work together to promote the fight against infringement and counterfeiting. Every year, it publishes the national annual key points for combating infringement and counterfeiting, makes arrangements for intellectual property law enforcement and cracking down on counterfeit patents, and carries out performance assessments for 31 provinces (autonomous regions and municipalities directly under the Central Government) and the Xinjiang Production and Construction Corps, making good use of the "baton" of assessment to consolidate responsibilities at various levels and guide and promote the in-depth work of combating infringement and counterfeiting.

In the next step, the bureau will further highlight the theme of high-quality development, continue to promote the improvement of application quality, strictly review the authorization threshold, increase intellectual property protection, and improve the efficiency of intellectual property use. We will work with the State Administration for Market Regulation to further promote the enforcement of intellectual property rights, maintain a strong crackdown on intellectual property infringement, strengthen credit supervision over dishonest behaviors, strive to safeguard the legitimate rights and interests of enterprises, and continue to create a favorable environment for innovation and business.

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

State Intellectual Property Office

August 11, 2022

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