Notice of the State Intellectual Property Office on Issuing the "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2022)"


Release Time:

2022-03-21

Notice from the State Intellectual Property Office on the issuance of the "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2022)" The State Intellectual Property Office: Strictly crack down on irregular patent applications! Promote the reform of the utility model system and introduce obvious inventiveness review

Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Provincial Intellectual Property Service Promotion Center, all relevant local centers, all departments of the State Intellectual Property Office, all departments of the Patent Office, Trademark Office, other directly affiliated units of the State Intellectual Property Office, all Social groups:

In order to implement the "Outline for Building a Powerful Nation on Intellectual Property (2021-2035)" and the "14th Five-Year Plan for the Protection and Application of National Intellectual Property", and in accordance with the deployment of the National Intellectual Property Office Directors' Meeting, we will further improve intellectual property work in 2022, The "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2022)" have been formulated and are now issued to you. Please organize and implement them in light of actual conditions.

Notice is hereby given.

State Intellectual Property Office

March 16, 2022

 

Annual work guidelines for promoting high-quality development of intellectual property rights

(2022)

In order to implement the "Outline for Building a Powerful Country on Intellectual Property (2021-2035)" (hereinafter referred to as the "Outline") and the "14th Five-Year Plan for the Protection and Application of National Intellectual Property Rights" (hereinafter referred to as the "Plan"), in accordance with the National Intellectual Property Rights According to the deployment of the bureau director meeting, we must adhere to political guidance and serve the overall situation, adhere to the priority of stability, strive for progress in stability, insist on implementation and quality first, further do a good job in intellectual property work in 2022, solidly promote the high-quality development of the intellectual property cause, and specially formulated these guidelines.

1. Overall requirements

(1) Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and all 19th Plenary Sessions, fully implement the spirit of the Central Economic Work Conference, carry forward the great spirit of party building, base on the new development stage, and be complete, accurate and comprehensive Implement new development concepts, build a new development pattern, adhere to the theme of promoting high-quality development, take the implementation of the "Outline" and "Plan" as the overall starting point, and comprehensively improve the creation quality, application efficiency, protection effect, management capabilities and management capabilities of intellectual property rights. service level, make greater efforts to strengthen international cooperation in intellectual property protection, solidly promote the high-quality development of intellectual property undertakings, and provide a solid guarantee for building an innovative country and a powerful modern socialist country.

(2) Basic principles.

Adhere to implementation and focus on coordination and linkage. Benchmark the "Outline" and "Plan" deployments, aim at development goals, improve the intellectual property work promotion mechanism, strengthen departmental coordination, upper and lower linkages, and regional collaboration, and use quantitative indicators as a guide to promote the implementation of key tasks to strengthen the country in intellectual property rights.

Strengthen overall planning and integration and focus on system integration. Adhere to the principle of stability, promote the implementation of the "Outline" and "Plan" in an integrated and coordinated manner, strengthen the combination of medium and long-term goals and annual phased goals, integrate various platforms and project carriers in the field of intellectual property, and more effectively promote the creation, protection and application of intellectual property. Better achieve steady progress in key areas of intellectual property.

Follow market rules and focus on quality first. Entering a new stage of building a powerful country, we must adhere to high quality as the lifeline, main theme and hard task of the development of intellectual property rights, give full play to the decisive role of the market in resource allocation, improve the high-quality creation mechanism with enterprises as the main body and market orientation, and rely on The endogenous power of the market promotes the high-quality development of intellectual property undertakings.

Deepen reform and innovation and focus on development needs. Focus on the difficult, painful and blocking issues in the field of intellectual property, comply with industrial changes, new requirements and expectations of market entities and the people, conduct in-depth investigations and studies, improve the operating mechanism of the intellectual property market that encourages innovation, and better meet the needs of innovation and development.

(3) Main objectives. By the end of 2022, the working mechanism for building a strong country with intellectual property rights will be further improved, the joint work pattern of bureaus, provinces and cities will be further consolidated, the quality of intellectual property creation will continue to improve, the benefits of intellectual property application will be accelerated, the level of intellectual property services will be significantly enhanced, and international cooperation and competition in intellectual property will be coordinated and promoted , intellectual property protection work has been comprehensively strengthened, further stimulating innovation vitality, and providing strong support for building a new development pattern for services.

——Intellectual property creation. Winning the battle to improve the quality and efficiency of examination, fully completing the set goals of the "Special Implementation Plan for Improving the Quality and Efficiency of Invention Patent Examination (2019-2022)", reducing the invention patent examination cycle to 16.5 months, including the examination cycle for high-value patents It has been reduced to 13.8 months; the average review period for trademark registration has remained stable at 4 months.

--Intellectual Property Protection. Continue to implement the "Opinions on Strengthening the Protection of Intellectual Property Rights". The intellectual property protection work system has been further improved, and the construction layout of the intellectual property protection center and rapid rights protection center has been further optimized. Improve the connection mechanism between intellectual property administration and judicial protection. Do a good job in intellectual property protection for the Beijing 2022 Winter Olympics and Winter Paralympics. Satisfaction with intellectual property protection remains at a high level, creating a good environment for enterprises of all types of ownership to compete for development, and continuing to stimulate the vitality of market entities.

——Use of intellectual property rights. The channels for realizing the value of intellectual property rights have been further unblocked, and the work of intellectual property pledge financing has been actively and steadily promoted, adhering to the priority of quality and the orientation of inclusiveness, benefiting the number of small and medium-sized enterprises to increase by more than 10%. The industrialization rate of effective patents has grown steadily. The added value of national patent-intensive industries has steadily increased as a proportion of the gross domestic product (GDP), and its contribution to economic and social development has become more prominent.

——Intellectual property services. The intellectual property public service system has become more convenient and beneficial to the people. The degree of convenience for patent and trademark application and registration and related matters has been significantly improved. The intellectual property protection information platform project has made substantial progress. The Technology and Innovation Support Center (TISC) and the National Intellectual Property Information of Universities The functions of the service center are further expanded to promote innovation results to better benefit the people. The intellectual property service industry has developed in an orderly manner, the professional level of service institutions has been significantly improved, and a number of international, market-oriented and professional intellectual property service institutions have been cultivated.

——Intellectual property management. The cooperation and consultation mechanism between bureaus and provinces has been further optimized, and "one province, one policy" has been used to build a number of strong intellectual property provinces. Provincial intellectual property offices and urban people's governments are encouraged to establish a mechanism to jointly build a strong intellectual property city and build a strong intellectual property city with high standards. Take the lead in building a number of strong intellectual property counties and parks with distinctive characteristics and obvious advantages in key development areas.

2. Implement the goals and tasks set forth in the "Outline" and "Plan" and establish an indicator system for the high-quality development of intellectual property rights

(1) Give full play to the baton role of high-quality development indicators for intellectual property rights. Adhere to objective monitoring and scientific evaluation, insist on equal emphasis on incentives and supervision, strengthen policy coordination with and combat irregular patent applications, strictly control the statistical scope of high-value invention patents, and strictly exclude patents related to applicants and agencies of irregular patent applications. The statistical deduction of abnormal patent applications will be carried out on a regular basis. Strengthen the connection between patent indicator evaluation related to high-quality development comprehensive performance evaluation and local performance assessment. (Responsible for the Strategic Planning Department, Application Promotion Department, and Business Review Department) Continuously optimize the intellectual property-related indicators in China’s business environment evaluation indicator system. (Responsible for the Department of Public Services)

(2) Implement the high-quality intellectual property development indicator system. All localities should strengthen the guidance of anticipatory indicators, distinguish the responsibilities of the market and the government, give full play to the decisive role of the market in resource allocation, rely on the independent behavior of market entities to achieve reasonable growth in the quantity and steady improvement of the quality of intellectual property rights, and create a good system environment and market environment. On the basis of guiding indicators, all localities should further adjust and optimize policies and measures, and deepen the indicators to achieve industrial foundation, innovation foundation and talent foundation. It is necessary to improve the scientific nature of assessment indicators, actively coordinate with relevant departments to further improve the assessment indicator system related to patent work, check and eliminate unrealistic growth rate evaluation indicators, and avoid using the number of patent applications as the main basis for departmental work assessment. (Responsible for each local intellectual property office)

3. Strengthen the connection guarantee for the implementation of the "Outline" and "Plan" and improve the policy system for the high-quality development of intellectual property rights

(3) Strengthen research on macroeconomic policies for intellectual property rights. Strengthen the macro management and investigation and research of intellectual property, introduce more intellectual property policy measures and reform matters that are conducive to stabilizing growth and stabilizing expectations. We must strengthen comprehensive policy implementation, grasp timeliness and effectiveness, and improve the policy pre-research and reserve working mechanism. Focusing on major theoretical and practical issues such as geographical indication legislation and data property rights protection, we will conduct special research on intellectual property rights and propose policy measures that are connected and supportive to better provide reference for decision-making. (Office responsible) Accelerate the research and demonstration of data property rights and intellectual property protection systems for artificial intelligence outputs to adapt to the development needs of new fields and new business formats. Complete the revision of the Implementing Rules of the Patent Law and the adaptive revision of the Patent Examination Guidelines, and implement relevant arrangements for the revision of the Patent Law. Accelerate the review of the revision of the Trademark Law and its implementing regulations, promote the solution of prominent problems such as malicious registration and large-scale hoarding, balance public interests, and strengthen the obligation to use. Propose the basic framework and main contents of unified legislation on geographical indications. (Responsible for the Department of Treaty and Law) Continue to conduct research on the intellectual property issues of the Digital Economy Partnership Agreement (DEPA). (The Department of Treaty and Law and the Department of International Cooperation are responsible)

(4) Improve intellectual property protection policies. Deepen the implementation of the "Opinions on Strengthening Intellectual Property Protection" and formulate and implement a promotion plan for 2022-2023. Strengthen guidance on the enforcement and protection of intellectual property rights, and strengthen guidance on administrative adjudication of patent infringement disputes and case handling of trademark violations. Promote the construction of intellectual property protection centers and rapid intellectual property rights protection centers to provide enterprises and institutions within the jurisdiction with "one-stop" comprehensive intellectual property services that integrate rapid review, rapid rights confirmation, and rapid rights protection. Vigorously cultivate mediation organizations and arbitration institutions. Strengthen the construction of online service platforms for intellectual property rights protection assistance. Promote the construction of national intellectual property protection pilot demonstration zones in areas where conditions are ripe. Strengthen the construction of the integrity system in the field of intellectual property rights. Deepen the reform of geographical indication management and promote the construction of national geographical indication product protection demonstration zones. Strengthen the protection of special signs, official signs and Olympic signs, comprehensively protect the intellectual property rights of the Beijing 2022 Winter Olympics and Winter Paralympics, and do a good job in the 46th World Skills Competition in Shanghai, the 19th Asian Games in Hangzhou, and the Chengdu 2022 Olympic Games. Protection of special signs related to major international events such as the 31st Universiade Summer Games. (Responsible for the Department of Conservation)

(5) Improve policies for promoting the use of intellectual property rights. Expand the coverage of the special patent conversion plan, improve implementation effect statistics, and provide guidance on performance indicators. Create an upgraded version of the intellectual property operation service system. Improve the patent transfer registration system and revise and publish the filing methods for patent implementation licensing contracts. Establish a declaration system for patents formed by financially funded projects. Continue to carry out the reform of empowering professional scientific and technological achievements and promote the transformation and application of intellectual property rights. Actively and steadily advance the work of intellectual property pledge financing to achieve the unification of scale expansion and risk prevention. Start building a national patent navigation service base. Implement a number of patent navigation projects around key national industries and core technologies in key fields, and improve the work system for intellectual property rights to support key core technology research. Solidly implement policy documents for the high-quality development of intellectual property rights in central enterprises, universities, and scientific research organizations. Carry out in-depth geographical indication actions to help rural revitalization. Expand pilot projects integrating the international innovation management standard system and intellectual property rights. (The Application Promotion Department is responsible)

(6) Optimize the intellectual property service system. Accelerate the construction of intellectual property protection information platforms. Promote the notification and commitment system for intellectual property business processing, and carry out spot checks during and after the commitment matters. Improve the level of service supply and promote the use of the list of intellectual property public services. Strengthen the construction of backbone public service nodes for intellectual property information and promote the further improvement of the coverage of comprehensive intellectual property public service agencies at the prefecture and municipal levels. Expand the functions of TISC, national intellectual property information service centers in universities and national intellectual property information public service outlets. Promote the application of patent and trademark electronic certificates. (Responsible for the Department of Public Services) Deeply promote the "Blue Sky" special rectification action in the agency industry, severely crack down on illegal and illegal agency behavior, and strengthen the governance of platform agencies. Implement intellectual property agency credit evaluation management, strengthen supervision of abnormal operations and serious illegal and untrustworthy behaviors, and improve the industry's self-discipline mechanism. Issue opinions on promoting high-quality development of the intellectual property service industry and deepen reform and innovation in intellectual property service industry cluster areas. Build a national intellectual property service export base. (The Application Promotion Department is responsible)

(7) Deepen international exchanges and cooperation on intellectual property rights. Deeply participate in global intellectual property governance and promote the improvement of international intellectual property rules. Accelerate the completion of joining the Hague Agreement on Industrial Design and do a good job in business promotion. Continue to participate in negotiations on intellectual property exemptions for COVID-19 vaccines and therapeutic drugs. Deepen intellectual property cooperation along the Belt and Road Initiative. Consolidate and deepen small multilateral and bilateral cooperative relations. Orderly implement the intellectual property-related content of China and the United States and the Regional Comprehensive Economic Partnership (RCEP), and conduct in-depth research on the intellectual property issues of my country's accession to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Continue to advance work related to the China-EU and China-France geographical indication agreements. We will successfully organize the meeting of directors of BRICS intellectual property offices and deeply participate in the cooperation between the five offices of China, the United States, Europe, Japan and South Korea. Continue to consolidate and expand the Patent Prosecution Highway (PPH) cooperation network. Improve the review system for external transfers of intellectual property rights. Strengthen the construction of foreign-related intellectual property risk prevention and control systems and improve the dispute response guidance center network. (The International Cooperation Department, Treaty and Law Department, Protection Department, Audit Industry Department, and Appearance Department are responsible)

(8) Create a good humanistic and social environment for intellectual property rights. Accelerate the construction of a large-scale intellectual property publicity pattern, accelerate media integration, build a communication matrix, innovate content, forms and means, and improve the effectiveness of intellectual property publicity. Strengthen publicity and mobilization, and do a good job in interpreting the policies of the "Outline" and "Plan". In conjunction with World Intellectual Property Day, we will organize and hold large-scale activities such as National Intellectual Property Publicity Week, strengthen overseas public opinion management, and tell the story of China’s intellectual property to the outside world. (Office responsible) Improve the work system for cultivating, evaluating and growing career-oriented intellectual property talents. Vigorously develop high-end national intellectual property think tanks, give full play to the role of expert advisory committees, and encourage and support the construction of local intellectual property think tanks. (The Human Resources Department is responsible)

4. Do a good job in dynamic monitoring of the implementation of the "Outline" and "Plan" and improve the statistical system for high-quality development of intellectual property rights

(9) Strengthen quality monitoring of intellectual property applications. Strengthen the statistical monitoring and feedback of patent application quality, improve the patent application quality evaluation index system, strengthen the monitoring, evaluation and reporting of structural indicators such as local authorization rates, consolidate the local statistical contact mechanism, and optimize the closed loop of statistical monitoring and evaluation feedback work. (The Strategic Planning Department is responsible for this) Establish a quality monitoring mechanism for the intellectual property service industry, use new technological means to accurately discover clues to violations of laws and regulations, and improve regulatory efficiency. (Responsible for the Utilization Promotion Department) All regions must actively implement the monitoring and follow-up investigation of the high-quality intellectual property development indicator system, conduct timely cause analysis on data related to the quality of patent applications reported by the State Intellectual Property Office, and report on the progress of important work in a timely manner. (Responsible for each local intellectual property office)

(10) Improve the indicator statistical monitoring working mechanism. Strengthen the statistical monitoring and release of the main indicators of the "Outline" and "Plan". We will do a good job in statistical monitoring of indicators of ownership of high-value invention patents per 10,000 people and linking them to annual plans. Strengthen special statistics on strategic emerging industries and overseas invention patent authorizations. Consolidate the added value accounting and publishing mechanism for patent-intensive industries. Establish a responsibility system to prevent and punish falsification of intellectual property statistics. (The Strategic Planning Department is in charge) Each region must conduct a quality analysis of local indicators, handle and report any abnormal problems in a timely manner. Regions where conditions permit should take the initiative to promote the accounting of the added value of local patent-intensive industries. (Responsible for each local intellectual property office)

5. Work requirements

The intellectual property management departments of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps and relevant departments of the State Intellectual Property Office must attach great importance to it, strengthen organizational leadership, and clearly define the key directions and specific tasks of promoting high-quality development of intellectual property in their regions and departments. , issue relevant supporting details and policy measures, and do a good job in implementation. Relevant departments of all local intellectual property offices and the State Intellectual Property Office must submit the results of promoting high-quality development of intellectual property in paper and electronic forms to the Intellectual Property Utilization Promotion Department of our bureau before December 15, 2022.

Attachment:acrobat.pngTask list for promoting high-quality development of intellectual property in 2022.pdf

 

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