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Patent product filing FAQ

Release Time：

2022-11-25

First, what is the background and significance of filing patent products?

A: The Outline for Building a powerful Country with Intellectual Property Rights (2021-2035) and the 14th Five-Year Plan for the Protection and Application of National Intellectual Property Rights make a series of arrangements for cultivating and developing patent-intensive industries and exploring the identification of patent-intensive products, pointing out the direction for the development of an innovative economy supported by patents. In order to implement the important deployment of the Outline and the Plan, the State Intellectual Property Office issued the Notice on Organizing the filing of Patent Products (hereinafter referred to as the "Notice"), adopting the "two-step" approach of filing of patent products and identifying patent-intensive products, starting the filing of patent products first, and then following the product filing and data accumulation. Carry out patent intensive product identification in a timely manner.

For local intellectual property management departments, the filing of patented products and the identification of intensive products will help to comprehensively and accurately grasp the application of patents and industrial development in the region, accurately promote the competitiveness of enterprises, effectively implement the policy of cultivating patent-intensive industries, and scientifically guide enterprises to promote the transformation of high-value patents. For enterprises participating in the filing, the filing certificate can be obtained through the filing of patented products as a reference for consumption decision-making, and it can also be used as a strong proof of product technological advancement and patent market benefits in the relevant project declaration to obtain relevant policy support.

Second, what is the consideration of unified filing by the national patent-intensive product filing identification pilot platform?

A: In order to promote the filing and identification of patent-intensive products in a solid and orderly manner, and avoid problems such as repeated investment and different standards caused by separate construction across the country, in August 2022, the State Intellectual Property Office replied to the China Patent Protection Association, agreeing to build a pilot platform for the filing and identification of national patent-intensive products. "Notice" clearly, in accordance with the principle of "unified platform, unified standards, unified identification", by the pilot platform to provide a unified patent product filing public welfare services. In the filing process, the pilot platform does not charge any fees, and it is open all year round and can be filled in at any time.

Third, which entities can carry out product filing? How to operate when a product involves multiple filing entities?

A: According to the Conditions and Procedures for the filing of Patent Products attached to the Notice, the subject of the filing should be an enterprise with independent legal personality, a university, a new research and development institution and a social organization, and should be the patentee or licensee of the manufacture and sale of patented products. The same product shall not be filed twice. If a product involves different filing subjects, it should be agreed by the relevant parties themselves, and one of them should be filed.

Fourth, What are the steps for filing a patented product? How long will it take to complete the filing?

A: The first step is to log in to the pilot platform for registration; The second step is to carry out real-name authentication, fill in the basic information, upload the certification materials and the letter of integrity commitment and submit it for review. Under normal circumstances, the review cycle is 1-2 working days; The third step is to manage patent information after real-name authentication is approved. The fourth step is to record the product, fill in the basic information and economic data of the product, declare the situation of the patent used, and upload the relevant certification materials; The fifth step, the pilot platform to verify the record of product information, under normal circumstances the audit cycle is 3-5 working days, after passing the record is successful.

Fifth. What are the requirements for the registered patented products? Is there any quantity limit on the products filed by the same unit?

A: The filed product should be associated with at least one valid Chinese patent without ownership disputes, and has achieved good market economic benefits. The patents associated with the product are divided into core patents and other patents, and the division standards are referred to the Operation Manual of the National Patent-intensive Product Filing and Identification Pilot Platform (which can be downloaded on the pilot platform). Where a product involves multiple patents, they shall all be related; A single patent can be associated with multiple products. Products of the same specification and model can be combined for filing, regardless of color, size, configuration and other factors (such as: different colors, different memory of a brand of mobile phone series P80 can be combined for filing); Products of different specifications and models should be filed separately (such as different series of mobile phones of a brand P80, P80mini, P80plus).

The number of patented products filed by the same unit is not limited, and the best products can be selected for filing by referring to the Evaluation Method of Enterprise Patent-intensive Products (T/PPAC402-2022).

Sixth. Can the products in non-patent-intensive industries be filed?

A: According to the Conditions and Procedures for filing Patent Products attached to the Notice, products for filing are not subject to the restrictions of the Statistical Classification of Intellectual Property (Patent) Intensive Industries (2019), and products in non-patent intensive industries can also be filed. The pilot platform automatically matches the "industry to which the product belongs" and the industry classification of the Statistical Classification of Intellectual Property (Patent) Intensive Industries (2019), and automatically marks it as "non-patent intensive industry" or "patent intensive industry".

Seventh. What are the requirements for updating the patent product filing information? How to revoke the filing?

A: In the first quarter of each year, that is, from January 1 to March 31, the filing subject must modify, update and confirm the filed patent product information, and provide the latest information of the product's sales, exports, profits and intellectual property investment in the previous year. It should be noted that products that do not update the filing information on time cannot participate in the patent-intensive product identification work of the year.

If the filed product has been withdrawn from the market, the product related patents have all lapsed or for other reasons, the filing subject can take the initiative to revoke the filing, submit an application for filing the cancellation to the platform, and revoke it after review by the platform. If all the patents associated with the product have lapsed or been transferred, the platform will prompt the filing body to confirm the revocation, and after confirmation, the product filing will be revoked.

Eighth. Can the patented products obtain relevant certificates through filing? Does it mean that it is identified as a patent-intensive product?

A: After the product filing review is approved, the filing subject will receive an SMS notification that the product has completed the filing, and in the "product filing management" and "Product information query" pages of the platform, in the "filed" list, you can query and browse the filed patented products, and download the "filing Certificate" by yourself.

In accordance with the "Notice" clear patent product filing and patent-intensive product identification "two-step" approach, the completed filing of patented products does not mean that they are identified as patent-intensive products, will be identified as the next step. The pilot platform will be based on the number of filings and data accumulation, for the products that have been successfully filed or completed the annual information update within the specified time of the year, and timely carry out the identification of patent-intensive products, and after being identified as patent-intensive products, they can obtain the identification code, two-dimensional code identification and identification certificate.

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