[Text Interpretation] Policy Interpretation of the "Operating Rules for Special Funds in the Field of Intellectual Property of Shenzhen Municipal Administration for Market Regulation"-Industry News-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

[Text Interpretation] Policy Interpretation of the "Operating Rules for Special Funds in the Field of Intellectual Property of Shenzhen Municipal Administration for Market Regulation"

Release Time：

2022-11-07

Since its implementation in 2019, the "Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property" has guided the high-quality development of Shenzhen's intellectual property, promoted Shenzhen's selection into the first batch of national intellectual property strong city construction demonstration cities, and enhanced the connotation of "Shenzhen quality" . In order to further adjust and optimize the city's intellectual property funding and reward policies, the Shenzhen Municipal Administration for Market Regulation has revised the "Operating Rules for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation" (hereinafter referred to as the "Operating Rules"). The content is now interpreted as follows: 1. Background and Basis for Revision In January 2021, the State Intellectual Property Office issued the "Notice on Further Strictly Regulating Patent Application Behavior" (Guozhifabaozi [2021] No. 1), requiring all localities to further adjust Improve funding and reward policies, comprehensively cancel funding for patent applications, focus on increasing support for subsequent transformation and application, administrative protection and public services, and promote the advancement of intellectual property...

1. Background and basis for revision

In January 2021, the State Intellectual Property Office issued the "Notice on Further Strictly Regulating Patent Application Behavior" (Guozhi Fa Bao Zi [2021] No. 1), requiring all localities to further adjust and improve funding and reward policies, and comprehensively cancel patent applications Funding will focus on increasing support for subsequent transformation and application, administrative protection and public services, and promote the high-quality development of intellectual property undertakings.

In December 2021, the State Council issued the "14th Five-Year Plan for Modernization of Market Supervision" (Guofa [2021] No. 30), which requires "optimizing patent funding and reward policies and assessment and evaluation mechanisms, and comprehensively canceling all requirements for patent and trademark application stages." Fund and reward to better protect and incentivize high-value patents.”

In order to thoroughly implement the decisions and arrangements of the State Council, the work requirements of the State Intellectual Property Office, and the opinions of the municipal government on the development and expansion of strategic emerging industry clusters and the cultivation and development of future industries, our office is based on the "Shenzhen Municipal People's Government General Office's Notice on Deepening Municipal Finance Guiding Opinions on the Reform of Special Fund Management" (Shenzhen Fuban [2018] No. 16), "Shenzhen Municipal Financial Special Fund Management Measures" (Shenzhen Fuban [2018] No. 12), "Shenzhen Municipal Market Supervision and Administration Bureau Special Fund Management Measures" (Shenzhen Municipal Supervisory Regulations [2019] No. 2), the revision of the "Operating Procedures" was completed under the guidance of the State Intellectual Property Office, the Guangdong Provincial Intellectual Property Office, the Municipal Finance Department, and the Municipal Judicial Department.

2. Main contents of the revision

(1) Strengthening intellectual property quality orientation

Adhering to the quality orientation of intellectual property rights, funding for PCT patent applications, trademark registrations, copyright registrations, and patent agencies' agency activities for invention patents has been cancelled, and new incentives have been added to promote the cultivation of high-value and high-quality patents.

(2) Strengthen support for small, medium and micro enterprises

Newly added subsidies for patent conversion and utilization of small, medium and micro enterprises, subsidies for patent transformation and application docking activities, and subsidies for enterprise intellectual property compliance operation review to strengthen support for small, medium and micro enterprises.

(3) Optimize and adjust funding projects

According to the work deployment of the Municipal Party Committee and the Municipal Government and the actual business needs of the city’s intellectual property work, 12 new funding and award projects have been added. In addition to the aforementioned 4 projects, they also include Shenzhen trademark brand base cultivation subsidies, intellectual property securitization project subsidies, industry Funding for improving intellectual property protection and governance capabilities, awards for cultivating intellectual property professionals, awards for improving the capabilities of intellectual property service agencies, awards for intellectual property operation agencies, funding for the cultivation of Shenzhen Trademark and Brand Guidance Station, funding for the construction of intellectual property public service systems, and in the field of intellectual property The Guangdong Provincial Patent Award or the Outstanding Inventor Matching Award will be added to the project supporting reward terms. The supporting awards for intellectual property service brand institutions and funding for intellectual property training courses for primary and secondary schools have been cancelled.

(4) Adjustment of funding and reward standards for some terms

First, according to the relevant requirements of the State Intellectual Property Office that funding for invention patent authorization shall not be higher than 50% of the official fee paid to obtain patent rights, significantly reduce domestic invention patent authorization and patents obtained in Europe, the United States, Japan, South Korea, and the United Kingdom. Funding standards for authorization, and canceled funding for patent authorization in other countries and regions; secondly, according to the State Intellectual Property Office’s funding for the implementation and certification of intellectual property management systems, the funding must be based on the principle of “no excessive rewards” to ensure that innovation entities are The total amount of awards shall not be higher than the relevant requirements for the actual certification fees incurred, and the funding standards after the certification of intellectual property management standards will be reduced; third, based on the research and solicitation of opinions, the funding standards and annual funding (award) scale of some projects have been adjusted upper limit.

3. Main contents after revision

The revised "Operation Regulations" consists of four chapters, namely general provisions, conditions, standards and application materials, organization and supervision and management, and supplementary provisions. There are 48 articles in total in the full text, and the number of funding and award projects has increased from 24 to 29. The specific content is:

(1) Chapter 1 "General Provisions" (Articles 1-4) clarifies the basis for the formulation of the "Operating Procedures", scope of application, management department, basic principles, main purposes, etc.

(2) Chapter 2 "Conditions, Standards and Application Materials" (Article 5-34) clarifies funding or support in various fields such as improving the quality of intellectual property creation, improving application capabilities, improving protection capabilities, publicity, education and training, and improving service capabilities. The object, scope, conditions, standards and application materials of the award.

(3) Chapter 3 "Organization and Supervision and Management" (Articles 35-43) clarifies the acceptance, review, review, management and fund allocation procedures for funding and award projects. If the total amount of funding (award) exceeds the corresponding project budget Processing, non-funding situations, ongoing project management, responsibilities and obligations of applicants, audit institutions or professional institutions, special fund management staff and review experts.

(4) Chapter 4 "Supplementary Provisions" (Articles 44-48) explains relevant terms and matters, and clarifies the right of interpretation, implementation time and deadline.

NEWS

Related documents