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Recently, the State Intellectual Property Office issued a reply letter to the fifth session of the 13th National People's Congress proposal No. 0140. In response to the "Suggestions on Strengthening the Ability to Utilize and Transform Intellectual Property Rights" ‍, the State Information Administration mentioned that with a view to promoting the application and transformation of intellectual property Rights through capitalization, the CSRC has improved the institutional arrangements of various sectors, steadily promoted the pilot registration system of the Science and Technology Innovation Board of the Shanghai Stock Exchange, and jointly issued the Guidelines on the Evaluation of Science and Technology Innovation Attributes (Trial Implementation) together with relevant departments. The invention patent is regarded as an important standard to accurately evaluate and measure the characteristics of "hard science and technology" of the applicant enterprise.

Representative Zhang Xiaoqing:

Your proposal on Strengthening the ability to utilize and transform Intellectual Property Rights has been received. Combined with the opinions of the Ministry of Education and the CSRC, the reply is as follows.

Our bureau agrees with your suggestions on accelerating the transformation of intellectual property into real productivity and promoting the dissemination and utilization of intellectual property information. In practical work, we will work with the Ministry of Education, CSRC and other departments to give full play to the role of market mechanisms, actively promote the establishment of intellectual property operation concepts oriented by transformation and implementation, continuously improve intellectual property financing policies, increase the supply of intellectual property data, and promote the continuous improvement of intellectual property transformation and application benefits and information service levels.

I. On "Vigorously Strengthening the Use and Transformation of Intellectual Property Rights"

(1) Focusing on the cultivation of practical talents for the transformation and application of intellectual property, the Ministry of Education supports colleges and universities to independently set up undergraduate intellectual property majors in accordance with the Regulations on the Management of the Establishment of Undergraduate Majors in Ordinary Colleges and Universities, and 100 colleges and universities have set up undergraduate intellectual property majors. Among them, Dalian University of Technology, Zhejiang University of Technology and other science and engineering universities, Chongqing Technology and business University, Zhejiang Technology and business University and other financial universities. Another 18 universities, including Renmin University of China and University of Shanghai for Science and Technology, offer second bachelor's degree education in intellectual property. The "Double 10,000 Plan" for the construction of first-class majors has been implemented, and the intellectual property majors of six universities, including East China University of Political Science and Law and South China University of Technology, have been recognized as state-level first-class professional construction points, and the intellectual property majors of nine universities, including Chongqing University of Technology and Jinan University, have been recognized as provincial-level first-class professional construction points. The first batch of new liberal arts research and reform practice projects will be implemented in 2021. To support the construction of related projects in the intellectual property major, such as "Reform, Improvement and Practice of Legal Intellectual Property Major under the Background of New Liberal Arts" in University of Science and Technology Beijing, "Innovation and Practice of" Intellectual Property Law + Engineering "composite talent training Model for scientific and Technological Innovation" in Soochow University, and "Optimization and Exploration of Intellectual Property Professional System for New Technologies" in Nanchang University. Support China University of Political Science and Law and relevant enterprises to jointly carry out experimental projects related to the tracking of intellectual property law hotspots; Support Shenzhen University and relevant enterprises to jointly carry out reform and practice projects related to enterprise intellectual property protection, strengthen the mechanism of integrating production and education to educate people, and train a large number of professional talents to solve practical problems. In the next step, we will further strengthen the construction of intellectual property related majors, and support colleges and universities to carry out application-oriented composite intellectual property personnel training and education and teaching reform.

(2) Focusing on marketization to promote the application and transformation of intellectual property rights, the Bureau, together with the Ministry of Finance, supports the construction of operation service systems in 37 key cities, the construction of 31 intellectual property operation platforms (centers) in key industries, regions and around characteristic pilot tasks, and the improvement of the service chain and ecosystem of market-oriented intellectual property operations to provide professional service support for the transfer and transformation of intellectual property rights. The Ministry of Finance jointly implemented a special plan for patent transformation, awarded 16 provinces in two batches, and focused on solving the "dilemma" problem of difficult patent transformation for universities and research institutes and difficult technology acquisition for small and medium-sized enterprises. In 2021, the number of patent transfer licenses for universities and research institutes in the first eight award and subsidy provinces such as Beijing reached 18,000 times, accounting for 68.8% of the country, of which 17,000 times were transferred to small and medium-sized enterprises, accounting for 70% of the country, benefiting more than 6,000 small and medium-sized enterprises, accounting for 68.1% of the country, and the guiding and driving role was initially shown.

(3) Focusing on industrialization to promote the application and transformation of intellectual property rights, the Bureau jointly issued the Guidelines for the Formulation of Intellectual Property Related Provisions of the Industry-University-Research Cooperation Agreement (Trial) in collaboration with the Ministry of Education and the Ministry of Science and Technology to guide the development of industry-university-research cooperation and the transfer and transformation of intellectual property rights. Organize the "thousands of schools and thousands of enterprises" collaborative innovation partnership action, promote universities and leading enterprises, small and medium-sized enterprises to strengthen industry-university-research cooperation, and effectively promote the level of patent industrialization. According to the survey, in 2021, the industrialization rate of China's invention patents will be 35.4%, an increase of 0.7 percentage points over the previous year. The industrialization rate of invention patents with universities as the first patentee is 22.8%, which is more than seven times the average level of universities. The industrialization rate of scientific research institutions as the first patentee reached 25.8%, about 10 percentage points higher than the average level of scientific research institutions. The average profit from the industrialization of invention patents in cooperation with industry, university and research exceeds the average level of enterprises by 32.5%.

(4) Focusing on capitalization to promote the application and transformation of intellectual property rights, the CSRC has improved the institutional arrangements of various sectors, steadily promoted the pilot registration system of the Science and Technology Board of the Shanghai Stock Exchange, and jointly issued the "Guidelines for the Evaluation of Science and Technology Attributes (Trial)" with relevant departments, taking invention patents as an important standard for accurately evaluating and measuring the characteristics of "hard science and technology" of the reporting enterprises. In 2021, a total of 165 companies on the Science and Technology Board completed the subscription, raising 211.599 billion yuan, and strongly supporting the innovation and development of enterprises with key core technology intellectual property rights. The reform of the GEM pilot registration system on the Shenzhen Stock Exchange progressed smoothly, with a total of 199 companies completing the subscription in 2021, raising 149.409 billion yuan to better serve the development of growth-oriented innovative and entrepreneurial enterprises. The reform of the New Third Board continued to deepen, by the end of April 2022, a total of 82 high-tech enterprises had been issued and listed on the Beijing Stock Exchange, accounting for 92%; 4,545 high-tech enterprises were listed in the national stock transfer system, accounting for 67%, providing important capital support for the development and growth of high-quality high-tech smes. In the next step, we will continue to promote the reform of the registration system of the science and technology innovation board and the Growth Enterprise Board, improve the ability of the capital market to serve scientific and technological innovation and the real economy, and actively promote the industrialization of intellectual property rights.

The Bureau, together with the CSRC and other departments, guided the local standardization and exploration of intellectual property securitization products, and formed a variety of securitization financing service models such as pledge and lease license. By April 2022, a total of 65 intellectual property securitization products had been issued on the Shanghai and Shenzhen stock exchanges, raising 15.8 billion yuan. China Banking and Insurance Regulatory Commission and other departments to carry out intellectual property pledge financing into the park Hui enterprises for three years, deepen strategic cooperation with the Bank of China, the Construction Bank, the development of intellectual property financing products, innovative financing methods. 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%. In the next step, we will continue to improve the market-oriented operation mechanism, expand the coverage of the special plan for patent transformation, improve the market-oriented operation service system, and actively transfer and transform intellectual property rights.

Ii. On "Establishing data standards, integrating resources, and using efficient information service models"

(1) Focusing on strengthening the development of intellectual property data standards, the Bureau revised the "Data Specification for Basic Intellectual Property Information (Trial)" to clarify the basic concepts, structures, design rules and presentation methods of basic intellectual property data elements, so as to provide basis and methods for realizing the standardization and standardization of data resources. At the same time, accelerate the accurate supply of standardized data, open the standardized data of intellectual property to the national intellectual property information public service nodes and network units, and provide it free of charge to market players with data processing and utilization capabilities on demand, reduce the cost of data information reprocessing, and improve the efficiency of data utilization.

(2) In order to promote the open sharing of intellectual property information, the scope of opening up basic intellectual property data has been continuously expanded, and the types of basic data such as patents, trademarks, and integrated circuit layout designs have reached 44 kinds, basically realizing that "openness should be fully open". Improved user data download experience, expanded the download bandwidth of the patent data service test system from 30Mb/s to 100Mb/s, and accumulated user downloads reached 1370TB. To provincial intellectual property information public service agencies and 269 important outlets to provide China, the United States, Europe, Japan and South Korea five bureau and the World Intellectual Property Organization patent, China trademark, China integrated circuit layout design and other basic intellectual property data. At the same time, the Guidelines on the Use of Basic Intellectual Property Data have been formulated and issued to help the public improve their ability to use basic intellectual property data from the aspects of the interpretation of the content and structure of intellectual property data, access ways, utilization scenarios and utilization methods.

(3) Focusing on promoting the coordinated development of intellectual property information public services and market-oriented services, by proactively providing service resources, promoting intellectual property information service agencies to carry out public services, supporting public service agencies to expand specialized value-added services, and promoting the effective connection between intellectual property information public services and market-oriented services. In 2019, the Implementation Measures for the Construction of Technology and Innovation Support Centers (TISC) were issued, which clarified that TISC institutions provide all basic services, provide advanced services according to their own types, and provide value-added services based on their own advantages and the development needs of the region. In 2020, the Guidelines on Public Services for Intellectual Property Information will be issued, clarifying that service institutions will provide free basic services such as public training, basic information retrieval, query and analysis, and provide professional information services such as professional search and analysis, intellectual property database construction, and patent navigation in a low-cost manner.

(4) Focusing on strengthening international IP data exchange, China has continued to deepen international cooperation in IP data exchange, and realized data exchange with IP institutions of 19 countries and international/regional organizations, of which data exchange with the European Patent Office covers 105 countries and regions. In 2020, a trademark information exchange agreement was signed with the EU Intellectual Property Office to achieve the first international data exchange in the field of trademarks. At the same time, it actively promotes the open application of international exchange data, and opens up a series of public service products such as a new generation of local patent search and analysis systems, patent information service platforms for national key industries, and EU trademark query systems, so as to provide strong information public service support for innovation subjects and the public. Among them, the new generation of local patent search and analysis system has 206 million patent documentation records, and nearly 3 million records are updated every week; The EU Trademark Search system provides free EU trademark information retrieval, browsing and download of individual trademark data, helping enterprises to strengthen the global layout of trademarks and brands, and filling the blank of China's official overseas trademark search tools.

In the next step, we will further increase the promotion and application of intellectual property basic data standards, promote the opening, quality and expansion of data resources, continue to give full play to the characteristics of information public services and market-oriented service advantages, continue to improve China's ability and level of using global intellectual property information, and support innovation and 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.

State Intellectual Property Office

August 11, 2022

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