"High-Value Patent Layout Work Guide" local standards released (full text attached)

It is understood that DB44/T 2363-2022 "Guidelines for the Cultivation and Layout of High-Value Patents" fully absorbs Guangdong, Hong Kong and Macao on the basis of summarizing and sorting out the current status and existing problems of innovative entities such as enterprises, universities, and scientific research institutions in carrying out high-value patent cultivation and layout work. Based on the experience of outstanding projects in the Greater Bay Area High-Value Patent Cultivation and Layout Competition and the construction of the Guangdong Province High-Value Patent Cultivation and Layout Center, a high-value patent cultivation that runs through the entire process of innovation subject research and development is proposed focusing on goals, orientations, tools, processes and other dimensions. The work objectives and procedures of the layout include commercial technology demand analysis, technology research and development, patent mining, patent layout, pre-patent application evaluation, high-quality patent application document formation, patent application document quality inspection, patent application management, and patent post-authorization management. , patent navigation, patent grading and classification, etc., provide guiding suggestions for the high-value patent cultivation and layout work of innovative entities such as enterprises, universities, and scientific research institutions, improve the quality and efficiency of high-value patent cultivation layout work, and promote economic and social progress. Quality development.

DB44/T 2362-2022 "Intellectual Property Rights Protection Assistance Work Specifications" clearly puts forward the specific procedures and service evaluation requirements for rights protection assistance work, achieves the standardization, rationalization and systematization of business process management, and improves the service capabilities of rights protection assistance service agencies. Through the establishment of this specification, the formation of a collaborative working mechanism for intellectual property rights protection assistance service agencies can be promoted. The cooperation, linkage and consultation and guidance mechanisms between various intellectual property rights protection assistance service providers can be established at the horizontal and vertical levels to share intellectual property technology and legal information. , cooperation experts and units, etc. to complete the necessary resources required to complete the assistance work, and improve service efficiency and service quality. The issuance of this standard is of great significance to the establishment of a unified, efficient and scientific rights protection assistance working mechanism and the improvement of the rights protection assistance work system. It will help build the intellectual property public service brand of Guangdong Province with high standards and improve the intellectual property rights protection assistance system and institutional construction of Guangdong Province.

DB44/T 2361-2022 "Specifications for the International Compliance Management of Enterprise Intellectual Property Rights" takes the international compliance management system of enterprise intellectual property rights as the standardization object and aims to establish a scientific, systematic and standardized international compliance management system for intellectual property rights and strengthen the intellectual property rights of enterprises. Overseas risk prevention and control capabilities guide enterprises to achieve international operations and compliance management, help enterprises fully implement the outline of building a powerful country with intellectual property rights, actively respond to the increasingly fierce competition in intellectual property rights around the world, and effectively exert the influence of intellectual property compliance on enterprise operations. development, independent innovation and development. This standard provides technical support for international intellectual property compliance management methods and processes. It is operable during the implementation process and can effectively guide enterprises to establish and implement an international intellectual property compliance management system and strengthen the management and control of overseas intellectual property compliance risks. It stipulates the overall requirements for enterprises to establish an international compliance management system for intellectual property rights, including understanding the organization and the internal and external environment, establishing the scope of the system applicable to the enterprise itself, following the corresponding basic principles, and controlling documents. It defines the responsibilities and authorities of top managers, management representatives and management agencies, puts forward requirements for identifying and assessing international compliance risks for intellectual property rights, and puts forward basic requirements for compliance risk responses and the expected effects of measures, respectively focusing on compliance. The prevention, discovery and handling of risk events guide enterprises to take appropriate measures to control based on actual conditions.

In recent years, Guangdong Province has conscientiously implemented the spirit of the "National Standardization Development Outline", deeply implemented the standardization strategy, improved the standard essential patent system, encouraged enterprises to build a technology, patent, and standard linkage innovation system, and comprehensively strengthened the protection, creation and application of intellectual property rights, and provided Innovation-driven development continues to inject strong momentum. The effectiveness of intellectual property protection has been greatly improved. China Zhongshan (Lighting) Intellectual Property Quick Maintenance Center and others have become the first batch of patent pre-examination pilot units in the country. We will further promote the demonstration construction of patent infringement administrative adjudication and build 13 national-level intellectual property rights protection assistance agencies, 15 provincial rights protection assistance sub-centers, 9 city and county-level rights protection assistance agencies and 190 workstations. The quality of intellectual property creation has been effectively improved. Guangdong’s comprehensive intellectual property strength has ranked first in the country for nine consecutive years. Guangdong won 326 awards at the 22nd "China Patent Awards", including 8 gold awards, ranking first in the country. Focusing on the strategic pillar industry clusters and strategic emerging industry clusters that Guangdong Province focuses on cultivating and developing, a total of 273 provincial-level high-value cultivation and layout centers have been built. In 2021, 9 companies and 3 universities in Guangdong were shortlisted among the top 50 global companies and universities in terms of PCT application volume in 2020, with Huawei continuing to rank first among global companies. The application of intellectual property rights has yielded more fruitful results. We have held three consecutive "Guangdong-Hong Kong-Macao Greater Bay Area High-Value Patent Cultivation Layout Competition" and carefully prepared for the "Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Trade Expo and International Geographical Indication Products Trade Fair". In 2021, the province's patent and trademark pledge amount was 44.229 billion yuan, and 13 new intellectual property securitization products were issued with a scale of 2.56 billion yuan. The cumulative number and amount of approved intellectual property securitization products ranked first in the country.

Guangdong is my country's largest foreign trade province and is at the forefront of my country's reform, opening up and innovative development. It has early attached importance to overseas intellectual property protection and has successively issued "Several Measures on Strengthening Intellectual Property Protection" and "Guangdong Province's Work Plan for Strengthening Overseas Intellectual Property Protection" " and other documents, taking the lead in exploring the construction of an international compliance system for corporate intellectual property rights. As Guangdong enterprises accelerate their "going global" efforts and international competition for intellectual property rights becomes increasingly fierce, export-oriented enterprises in Guangdong have gradually integrated awareness of international intellectual property rules into all aspects of corporate cross-border business management, and have gradually paid attention to the overseas layout of intellectual property rights and risk prevention and control. , and continuously strengthen the international compliance management of its own intellectual property rights. In order to build a linked innovation system of technology, patents and standards and promote the application of technical standards and intellectual property protection, the Guangdong Provincial Administration for Market Regulation (Intellectual Property Office) stated that it will vigorously promote local standards and provide them to administrative departments at all levels across the province. and local intellectual property service agencies, intellectual property service agencies, enterprises, universities, scientific research institutions and other innovation entities to popularize the main content and technical requirements of local standards, promote the use of advanced technical specifications for intellectual property protection, and guide innovation entities to actively carry out high-value patent cultivation layout , to ensure the smooth completion of tasks related to the "14th Five-Year Plan" for the Protection and Application of Intellectual Property in Guangdong Province.

Interpretation of "Guidelines for Cultivation and Layout of High-Value Patents"

1. Why is it necessary to issue the "Guidelines for Cultivation and Layout of High-Value Patent" at this time? What is the background significance?

Answer: General Secretary Xi Jinping profoundly pointed out during the 25th collective study session of the Political Bureau of the 19th CPC Central Committee that my country is transforming from a country that imports intellectual property to a country that creates intellectual property, and that intellectual property work is changing from pursuing quantity to improving quality.

In order to thoroughly implement the deployment of the Party Central Committee and the State Council on intellectual property work, conscientiously implement the requirements of the State Intellectual Property Office and Guangdong Province on the high-quality development of intellectual property, and give full play to the role of intellectual property in promoting high-quality development, since 2016, Guangdong Province The Intellectual Property Office has created a number of high-value patent cultivation and layout centers to guide innovation entities to build a collaborative innovation mechanism of "industry, academia and research + intellectual property services" with patents as the core, and strives to cultivate a number of highly innovative, good market prospects and competitiveness Strong high-value patents. Under the demonstration and guidance of the High-Value Patent Cultivation and Layout Center, the quality of patents in Guangdong Province has been significantly improved. As of the end of 2021, the province has 439,600 valid invention patents, ranking first in the country; the cumulative number of PCT international patent applications is 233,300, ranking first in the country for 20 consecutive years; the province's comprehensive intellectual property development index ranks first in the country for 9 consecutive years , providing strong support for the high-quality development of the province.

Entering a new stage of development, promoting high-quality development is an inevitable requirement for maintaining sustained and healthy economic development. The "Outline for Building a Powerful Country on Intellectual Property (2021-2035)" proposes to improve the high-quality creation mechanism with enterprises as the main body and market-oriented, and the "14th Five-Year Plan for the National Economic and Social Development of the People's Republic of China and the Vision to 2035" For the first time, the "Goal Outline" includes "the number of high-value invention patents per 10,000 people" as a major indicator of economic and social development, and clarifies the expected goal of reaching 12 patents by 2025. Promoting high-quality economic and social development is inseparable from the support of high-value patents. In this context, our office organized a team to compile and form the Guangdong Provincial Local Standards "High-Value Patent Cultivation and Layout Work Guide" on the basis of a comprehensive summary of the work experience of the high-value patent cultivation and layout center, and proposed high-value patent cultivation and layout centers throughout the entire process. The value patent cultivation and layout work procedures provide a standard path for innovation entities such as enterprises, universities, and scientific research institutions to carry out high-value patent cultivation and layout work, effectively improve the quality and efficiency of high-value patent cultivation and layout work, and promote high-quality economic and social development. .

2. The cultivation of high-value patents is an important part of the "14th Five-Year Plan for the Protection and Application of Intellectual Property in Guangdong Province". What work has our province done in the layout of the cultivation of high-value patents?

Answer: On December 25, 2021, the provincial government issued the "14th Five-Year Plan for the Protection and Application of Intellectual Property in Guangdong Province", proposing that by 2025, the province will have 20 high-value invention patents per 10,000 people, and clarified Implement high-value patent cultivation projects and strengthen the creation and reserve of high-value intellectual property rights.

In recent years, our office has focused on the cultivation and layout of high-value patents and has mainly carried out the following work:

The first is to build a high-value patent cultivation and layout center in Guangdong Province. Focusing on the strategic industrial clusters that Guangdong Province focuses on cultivating and developing, a total of 273 provincial and municipal high-value patent cultivation layout centers have been built, distributed in 21 cities in Guangdong Province. In terms of the cultivation mechanism, a combined team model of "enterprise, university or scientific research institute + intellectual property service agency" of "industry, academia and research + service agency" is adopted to develop an intellectual property information platform with the core goal of producing and applying high-value patents. Decision-making and consultation on major matters such as construction, patent layout, R&D direction determination, innovation resource investment, etc., integrating intellectual property services into the creative process, and striving to achieve sustainable development. According to statistics, from 2018 to 2021, each center authorized 59,000 invention patents, accounting for 20.6% of the province’s invention patent authorizations. In terms of patent operations, each center licensed a total of 678 patents and pledged 561 patents, demonstrating the high value of patents.

The second is to carry out in-depth patent navigation and build an industrial patent pool. Actively implement the "patent navigation decision-making mechanism for emerging industries based on industrial data and patent data", focus on patent-intensive industries, make full use of patent data, sort out bottlenecks and key core technologies that restrict industrial development, and strengthen industrial development. Analysis of direction, industrial development positioning and industrial development path promotes the optimal allocation of innovative resources and provides strong leadership and guidance for more scientific, reasonable and targeted transformation and upgrading of industrial development. As of the end of 2021, a total of 38 strategic emerging industry fields have been completed for patent navigation, more than 180 patent analysis and early warning reports have been formed, more than 120 series of reporting meetings have been held, results have been released to government departments and more than 13,000 enterprises and institutions, and established 38 special databases of patent information on strategic emerging industries, promoting the quality and efficiency improvement of key industries and the innovative development of enterprises.

The third is to hold a high-value patent cultivation and layout competition in the Guangdong-Hong Kong-Macao Greater Bay Area. From 2018 to 2021, the Intellectual Property Department of the Government of the Hong Kong Special Administrative Region, the Economic and Technological Development Bureau of the Government of the Macao Special Administrative Region, and the People's Government of Mainland Municipalities of Guangdong Province held three consecutive high-value patent cultivation layout competitions in the Guangdong-Hong Kong-Macao Greater Bay Area to advocate high value The concept of patent cultivation and layout demonstrates the results of high-value patent cultivation and layout, sets a benchmark for high-value patent cultivation and layout, and guides a group of innovative entities in the province to actively carry out high-value patent cultivation and layout. At the same time, the competition attracts high-level entrepreneurial teams and high-growth patent projects to be implemented in the province, providing support for the high-quality development of the provincial economy. By extensively mobilizing various innovation entities, intellectual property service agencies, financial institutions, and venture capital institutions to participate in the competition, we will create an innovative and entrepreneurial atmosphere in the province, cultivate an intellectual property culture, and guide the whole society to pay attention to and invest in the cultivation and layout of high-value patents.

3. What are the main contents of this local standard? What are the highlights?

Answer: The "Guidelines for the Cultivation and Layout of High-Value Patents" is the first local standard in China regarding the cultivation and layout of high-value patents. It has a strong guiding role for innovation entities such as enterprises, universities, and scientific research institutions in the province.

The "Guidelines for the Cultivation and Layout of High-Value Patent" fully absorb the Guangdong-Hong Kong-Macao Greater Bay Area High-Value Patent Cultivation and Layout Competition on the basis of summarizing and combing the current status and existing problems of innovation entities such as enterprises, universities, and scientific research institutions in carrying out high-value patent cultivation and layout work. Based on the experience of outstanding projects and the construction of the Guangdong Province High-Value Patent Cultivation and Layout Center, focusing on goals, orientations, tools, processes and other dimensions, the work goals and procedures for high-value patent cultivation and layout throughout the entire process of innovation subject R&D are proposed, specifically including Commercial technology demand analysis, technology research and development, patent mining, patent layout, pre-patent application evaluation, high-quality patent application document formation, patent application document quality inspection, patent application management, patent post-grant management, patent navigation, patent classification and classification, etc. Provide guiding suggestions for the cultivation and layout of high-value patents for innovation entities such as enterprises, universities, and scientific research institutions, improve the quality and efficiency of the cultivation and layout of high-value patents, and promote high-quality economic and social development.

Policy Interpretation of Local Standards "Intellectual Property Rights Protection Assistance Work Specifications"

1. Question: What is the purpose and significance of formulating this "Intellectual Property Rights Protection Assistance Work Specifications"? What problem can be solved?

Answer: After more than ten years of exploration and innovative practice, intellectual property rights protection assistance agencies have become an important force in the field of intellectual property public services. At present, Guangdong has established an intellectual property rights protection assistance system at the provincial, municipal and county levels, and has gradually established an intellectual property rights protection assistance mechanism in strategic industrial clusters and key high-tech development zones across the province.

However, due to the imbalance of economic and technological development in various regions, there are large differences in the specific implementation of intellectual property rights protection assistance work in various regions, regardless of content, procedures, models, and means. The national level only regulates the scope of work of rights protection assistance agencies. However, there are no unified requirements for standardization and standardization of specific work details, which has caused many rights protection assistance agencies to have different working models and processes around basically the same work content, causing certain troubles to the public.

In order to further improve the standardization level of the intellectual property rights protection assistance work system, improve work procedures and service standards, form a systematic and complete specification and service guide, promote the basic balance of service capabilities, create a high-standard intellectual property public service brand in Guangdong Province, and continuously improve Guangdong Provincial Intellectual Property Rights Protection Assistance System and System Construction, therefore the "Specifications" were formulated.

Through the establishment of this specification, the standardization, rationalization and systematization of business process management can be achieved, and the service capabilities of rights protection assistance service agencies can be improved. Promote the formation of a collaborative working mechanism for intellectual property rights protection assistance service providers, establish cooperation, linkage, and consultation and guidance mechanisms at the horizontal and vertical levels among various intellectual property rights protection assistance service providers, share intellectual property technology and legal information, and cooperate with experts and units to complete Necessary resources required for assistance work to improve service efficiency and quality.

2. Question: What kind of intellectual property issues can I apply for rights protection assistance? How to obtain rights protection assistance?

Answer: As long as the applicant encounters intellectual property disputes or difficult-to-solve intellectual property matters or problems, he or she can apply for rights protection assistance. The scope of rights protection assistance services is very wide, including but not limited to: providing consulting and guidance services on intellectual property laws and regulations, authorization and confirmation procedures and legal status, dispute handling methods, evidence collection methods, etc. Provide on-site and other rights protection assistance services for exhibitions, trade fairs, large-scale sports events, innovation and entrepreneurship activities, cultural activities, etc. Provide solutions or suggestions to major public intellectual property disputes or dispute organizations. Provide reference opinions for determining intellectual property infringement. Provide public welfare seminars and training on intellectual property rights. Provide analysis and early warning for public research and development, economic and trade, investment, technology transfer or external transfer of intellectual property rights and other activities. Provide technical support for intellectual property administrative enforcement, administrative adjudication, judicial protection, arbitration and mediation, integrity system construction, etc., and serve intellectual property information utilization, cultural promotion, etc.

If you encounter the above intellectual property issues, applicants can contact the intellectual property protection centers and rapid rights protection centers in various places. These institutions are intellectual property rights protection assistance service agencies established by the State Intellectual Property Office and local governments in various places. According to the rights protection assistance work Standardize the provision of public welfare intellectual property rights protection services to the majority of innovative entities.

3. What are the main highlights of this local standard?

Answer: This standard applies to rights protection assistance agencies at all levels. The rights protection assistance service process is standardized, the system is complete, and it closely matches the actual situation of rights protection assistance agencies in Guangdong Province. The rights protection assistance work specifications are consistent with the current service level and are highly operable. . There are three main highlights of this standard. First, it standardizes the work processes of rights protection assistance service agencies for the first time. The second is to subdivide the areas for the first time and collect them in the same document to standardize the specific procedures for rights protection assistance. The third is to propose an operating mechanism for resource sharing and collaboration to promote the optimal allocation and efficient use of rights protection assistance resources.

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