State Intellectual Property Office: Promote patent transformation and implement patent open licensing pilots to reduce the cost for enterprises to obtain patented technology


Release Time:

2022-06-10

In order to thoroughly implement the important instructions of General Secretary Xi Jinping that "the epidemic must be prevented, the economy must be stable, and development must be safe", fully implement the national video and telephone conference deployment requirements for stabilizing the economy, and efficiently coordinate epidemic prevention and control and economic and social development, in order to A stronger sense of urgency and higher initiative will seize the current critical time window, further promote the implementation of intellectual property policies to speed up and increase efficiency, and promote stable and healthy economic development. The relevant work is now notified as follows.

Notice of the State Intellectual Property Office on Improving the Speed and Efficiency of Intellectual Property Policy Implementation and Promoting Stable and Healthy Economic Development

 

Guozhifayunzi [2022] No. 25

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, and relevant local centers:

In order to thoroughly implement the important instructions of General Secretary Xi Jinping that "the epidemic must be prevented, the economy must be stable, and development must be safe", fully implement the national video and telephone conference deployment requirements for stabilizing the economy, and efficiently coordinate epidemic prevention and control and economic and social development, in order to A stronger sense of urgency and higher initiative will seize the current critical time window, further promote the implementation of intellectual property policies to speed up and increase efficiency, and promote stable and healthy economic development. The relevant work is now notified as follows.

1. Accelerate the release of the effects of intellectual property funding policies, stabilize expectations and boost development confidence

(1) Implement the patent annual fee payment extension policy. For patents with a payment deadline for patent annual fees (excluding annual fees for the first year after authorization) between June 15, 2022 and December 31, 2022, and which enjoy my country’s patent fee reduction policy, the patent year will be The due date for fee payment will be automatically extended to June 15, 2023, and no late payment fees will be incurred during this period.

(2) Promote the rapid implementation of awards and subsidies for the special patent conversion plan. Provinces with awards and subsidies for the special patent conversion plan must step up the formulation of fund use plans, carry out project collection and reserve in advance as soon as possible, and focus on supporting market entities that have patent conversion needs, meet relevant project support conditions, and are greatly affected by the epidemic and have short-term difficulties, and strive to Project implementation will be started within one month after central fiscal funds are released.

(3) Make full use of existing funds for intellectual property operation projects. Relevant localities should actively revitalize project funds related to intellectual property operations supported by market-oriented methods such as equity investments and funds. For central and local fiscal funds that have expired and withdrawn, they should promptly coordinate with the financial departments at the same level to use them to promote the use of intellectual property rights, focusing on promoting the use of intellectual property rights. The expenditures for direct relief to enterprises are tilted, and efforts will be made to cover all expenditures in the first half of 2022. The third and fourth batch of key cities for the construction of intellectual property operation service systems that still have carryover funds must effectively speed up the implementation of funds and improve performance. Projects that directly benefit enterprises must be implemented first, and all funds must be completed before the end of 2022. .

2. Effectively leverage the effectiveness of the intellectual property system to support the development and serve the real economy

(4) Facilitate intellectual property application registration and rights relief. Continue to implement the "Announcement on Relevant Deadline Matters for Patents, Trademarks, and Integrated Circuit Layout Designs Affected by the Epidemic" (State Intellectual Property Office Announcement No. 350) to facilitate market entities affected by the epidemic to handle intellectual property affairs and ease the market The principle of subject burden shall be followed, and the requirements for supporting materials for requests for restoration of rights shall be relaxed. Give full play to the role of mechanisms such as patent priority review, rapid review of trademark registration applications, and intellectual property protection centers, establish a green channel for patent applications related to the prevention and control of COVID-19, and fully support epidemic prevention and control and economic and social development. The registration of collective trademarks, certification trademarks and geographical indication trademarks, the recognition of geographical indication products, and the approval of special signs for geographical indications proposed by areas greatly affected by the epidemic that are helpful for the development of local characteristic economies will be reviewed in advance if relevant conditions are met. Make good use of the Hague Agreement on the International Registration of Industrial Designs, which has officially come into effect in my country, to significantly improve the efficiency of the global layout of market entities' designs.

(5) Accelerate the improvement of the administrative protection efficiency of intellectual property rights of market entities. All localities should strengthen the construction of standardized markets for intellectual property protection, carry out standardized market identification for intellectual property protection, and give full play to the leading and exemplary role of intellectual property protection in the field of commercial circulation. Strengthen the administrative adjudication of infringement of patent rights of various market entities, and enhance the perseverance and confidence of market entities in innovative development. Carry out pilot projects for rapid settlement of intellectual property disputes, rely on intellectual property protection centers and rapid rights protection centers to promote efficient and rapid resolution of intellectual property disputes, and help market entities reduce the cost of intellectual property protection. Strengthen overseas intellectual property dispute response and rights protection assistance, provide high-level professional public welfare guidance services for "going global" enterprises, and help enterprises reduce the cost of overseas intellectual property rights protection.

(6) Give full play to the role of trademarks and geographical indication brands in guiding and promoting consumption. All localities should guide trademark and brand guidance stations and geographical indication display and promotion centers to provide key assistance to industries that have been greatly affected by the epidemic, such as catering and cultural tourism, organize public welfare services such as centralized brand publicity and promotion, enhance brand reputation, lead and drive consumption, and form a group of A typical case of using trademarks and geographical indication brands to help enterprises overcome difficulties. Summarize and learn from the experience of participating in the "Double Product Online Shopping Festival" in early May, continue to consolidate and strengthen close cooperation with commerce and other departments, make good use of e-commerce exhibition media, expand brand consumption channels, seize key holiday marketing hot spots, and vigorously promote the sales of geographical indication products in the " Based on the sales volume of 3.8 billion yuan during the "Double Product Online Shopping Festival", we continued to promote brand consumption upgrades throughout the year.

3. Accelerate the realization of the value of intellectual property rights and smooth the cycle to enhance development momentum

(7) Make good use of intellectual property pledge channels to support the financing of small, medium and micro enterprises. All localities should carry out in-depth intellectual property pledge financing activities to benefit enterprises in the park, and organize a series of activities such as policy publicity, demand research, and bank-enterprise docking. Based on intellectual property and credit data, comprehensive intellectual property awards, pilot demonstration titles, loan repayments, etc. situation, and promote the establishment of an enterprise “whitelist” screening mechanism. Focus on giving full play to the unique role of trademark pledge, find out the financing needs of industries such as catering and cultural tourism that have been greatly affected by the epidemic, and promote "quick evaluation, quick review, quick registration, and quick loans" in an integrated manner. Make full use of the favorable inclusive financial policies, conduct a survey on the repayment capabilities of enterprises with existing intellectual property pledge loans, and increase subsidies for interest, evaluation, insurance and other related expenses of intellectual property pledge loans for trapped market entities. All localities should take multiple measures and continue to exert their efforts. Based on the 48.6% increase in the amount of national intellectual property pledge financing in the first quarter, we should strive to maintain momentum in the second half of the year and achieve steady progress and improvement in intellectual property pledge financing throughout the year.

(8) Implement patent open licensing pilots to reduce the cost for enterprises to obtain patented technologies. All localities should actively carry out patent open licensing pilots, encourage universities, institutions, and state-owned enterprises to select patented technologies with market potential, wide application, and strong practicality to participate in open licensing, and guide the use of free licenses, phased licenses, and other pricing models. Reduce technology acquisition costs and transaction costs for market entities. After obtaining a patent license, we are encouraged to continue to provide public welfare technical guidance for patent implementation to help companies quickly complete technology upgrades or launch new products into production, and accelerate the resumption of work and production.

(9) Use patent navigation to help enterprises improve R&D and innovation efficiency. All localities should support the development of special patent navigation services for small and medium-sized enterprises based on the characteristics and needs of industrial development, effectively help enterprises avoid detours and save costs in information acquisition, cooperation and docking, product development, risk avoidance, etc., and support enterprises in research and development under difficult conditions. Continuously innovate to help improve market control and core competitiveness. Launch a batch of patent navigation public welfare service products to the society, accelerate the sharing and promotion of patent navigation demonstration project results, and avoid duplication of investment by enterprises.

4. Continue to optimize the intellectual property service mechanism to facilitate people and enterprises and stimulate development vitality

(10) Reduce the cost of obtaining intellectual property information. An intelligent patent retrieval and analysis system for the public has been launched online, and mobile query functions for patent announcements and trademark announcements have been added to the State Council client to improve the convenience of obtaining intellectual property information. Strengthen the inclusive supply of basic intellectual property data and double the data download bandwidth of the patent data service trial system to 200M. Build a special database on intellectual property rights for emerging key industries, explore ways to provide free standardized intellectual property data on demand to market entities with data processing and analysis capabilities, and reduce data reprocessing costs.

(11) Facilitate the acceptance and handling of intellectual property business. Each intellectual property business acceptance window should dynamically adjust service measures, unblock telephone consultation and online processing channels, and actively provide convenient services with less legwork and less contact. Expand the pilot scope of simultaneous acceptance of enterprise change registration and trademark change applications, and online processing of patent pledge registration by banking financial institutions, and improve the convenience and immediacy of business processing. A green channel for patent and trademark pledge registration has been opened, and the electronic application for patent pledge registration and the review period for trademark pledge registration have been shortened to one working day.

(12) Enrich the supply of intellectual property services. All localities should carry out in-depth "Intellectual Property Services Miles" campaign, guide service agencies to provide public welfare services such as patent and trademark agency assistance to distressed market entities, and effectively solve practical difficulties. Encourage industrial intellectual property operation centers, intellectual property protection centers, public service nodes and other carriers to give full play to their resource advantages and open free intellectual property facilitation service tools to trapped market entities. Relying on carriers such as the China Intellectual Property Distance Education Platform, more online high-quality courses will be launched to better meet the urgent needs of market entities for training in the epidemic environment.

The State Intellectual Property Office will further strengthen overall coordination, policy supply and information sharing, coordinate and solve outstanding problems in a timely manner, and increase the publicity of typical cases. Provinces with effective measures and outstanding results will be included in the quota allocation and selection review of intellectual property-related projects. Give preferential treatment and give extra points in the relevant supervision, incentive, assessment and review. Intellectual property management departments in various places must seize the important opportunity to start the construction of strong intellectual property provinces and cities, make greater efforts to win the support of local party committees and governments, increase the protection of intellectual property work, and strive to increase the total amount of funds for intellectual property rights to benefit enterprises and the people. reduce. In terms of the establishment, selection and fund allocation of intellectual property projects, it is necessary to speed up the pace, optimize the process and facilitate the processing, so that the policy can benefit market entities faster. It is necessary to thoroughly implement the requirements of this notice, refine specific measures based on actual conditions, and solidly promote the implementation of various policies to achieve results. Before the end of June 2022, all intellectual property policies and measures closely related to promoting stable and healthy economic development should be released. Once relevant policies and measures are released, please send a copy to the Intellectual Property Utilization Promotion Department of the State Intellectual Property Office.

Notice is hereby given.

 

State Intellectual Property Office

May 30, 2022

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