标签归档 上海龙凤419

Notice of China National Intellectual Property Administration on continuously and strictly regulating the behavior of patent application
Guo Zhi Fa Bao Zi [2022] No.7

Intellectual property offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Intellectual Property Service Promotion Center and relevant local centers; All departments of China National Intellectual Property Administration Bureau, all departments of the Patent Office, other directly affiliated units of the Bureau and various social organizations:

High-quality development is the theme of China’s economic and social development in the 14 th Five-Year Plan and even in a longer period, which is related to the overall situation of China’s socialist modernization. Cracking down on abnormal patent applications is not only an important measure to implement the decision-making arrangements of the CPC Central Committee and the State Council, but also an inevitable requirement to maintain the stable operation of the intellectual property system, strengthen intellectual property protection and promote high-quality development. In 2021, local intellectual property management departments optimized the patent assessment index system, cleaned up and improved various patent-related incentive policies and qualification assessment policies, and severely cracked down on abnormal patent applications, achieving phased results. However, there are still some problems in some places, such as insufficient attention to standardizing patent applications, insufficient understanding of the dangers of abnormal patent applications, limited supervision of agencies, imperfect relevant working mechanisms, and outstanding abnormal patent applications. In order to further solve the pain points in work, establish and improve a long-term mechanism, promote the formation of joint efforts of up-and-down linkage and collaborative governance, eliminate abnormal patent application behavior that does not aim at protecting innovation, standardize the order of patent application, and effectively promote China’s transformation from a big country that introduces intellectual property rights to a big country that creates it, and from pursuing quantity to improving quality, relevant matters are hereby notified as follows:

First, continue to improve and improve the information communication mechanism.China National Intellectual Property Administration regularly reports information about abnormal patent applications, withdrawals, complaint handling, the proportion of high-quality patent applications and abnormal patent applications, the proportion of authorization in the closing of invention patents and the proportion of invalidation after only paying the annual fee for the first year after authorization. The abnormal patent application problem is outstanding, depending on the circumstances in the China National Intellectual Property Administration municipal government website and related media public, to be informed. Support business environment innovation pilot cities to study and establish a linkage mechanism for rapid disposal of abnormal patent applications, smooth information exchange channels, and realize the first-time notification, first-time treatment and first-time feedback of abnormal patent applications. The provincial intellectual property management departments should regularly summarize the reported cases, clues of key issues, the handling of active verification and reporting clues, the formulation and adjustment of funding policies, etc., and submit them to China National Intellectual Property Administration in a timely manner. Local intellectual property management departments should take the initiative to inform the departments of science and technology, education and health about abnormal patent applications.

Second, strengthen the precise management of patent application behavior.Improve the efficient and accurate investigation mechanism for abnormal patent applications and promote the establishment of a precise management system for patent applications. The provincial intellectual property management departments clearly define the conditions, procedures and exit mechanism for inclusion in the list of precise management, strictly verify the R&D situation and innovation ability of relevant units and individuals, and submit them to China National Intellectual Property Administration for review and publicity. China National Intellectual Property Administration will reduce the frequency of abnormal patent applications for listed applicants. If the applicant on the list has an abnormal patent application, China National Intellectual Property Administration will remove it from the list, and the local intellectual property management departments will deal with it severely according to the law.

Third, improve the active verification and reporting mechanism.All local intellectual property management departments should continue to increase the active verification of abnormal patent applications. All intellectual property protection centers, fast rights protection centers and patent agencies should establish working mechanisms in patent acceptance, pre-trial and enterprise filing, and actively investigate abnormal patent application behaviors. Local intellectual property management departments should set up special lines, strengthen the role of special lines, and encourage the public to report abnormal patent application behavior, illegal index setting and funding incentive policies.

Fourth, strengthen hierarchical and classified governance.The local intellectual property management departments shall focus on the units and individuals that submit abnormal patent applications within their respective jurisdictions, such as project declaration, funding incentives, pre-trial services, priority review, etc., and carry out classified rectification according to different situations. If there is no objection to the applicants, they shall urge them to withdraw voluntarily; If there are objections to the applicant, guide the timely submission of complaint materials and follow up the handling of the complaint; For those who refuse to withdraw and submit the complaint materials and sufficient written evidence, the local intellectual property management departments shall strictly deal with them according to the circumstances, cancel the qualification of enjoying the relevant local preferential policies, cancel the qualification of declaring the national intellectual property demonstration and advantageous enterprises, the enterprises registered in the intellectual property protection center, and the qualification of declaring, participating in or winning the China Patent Award.

Five, strengthen the governance of key violations.All local intellectual property management departments should focus on the key clues of suspected violations of laws and regulations, such as an unusually large number of applications, fraudulent use of other people’s information, repeated applications for abnormal patents, profiteering and selling abnormal patent applications, and patent applications by "three noes" shell companies with no R&D investment, R&D personnel and no production and operation, continue to overcome difficulties, increase disposal efforts, dig deep into the root causes of the problems, and strengthen comprehensive rectification.

Sixth, strengthen departmental collaborative governance.It is necessary to cooperate with and support the departments of science and technology, education and industrial informatization to further improve and perfect the evaluation standards related to patent work, strengthen the evaluation of patent quality in the evaluation and identification of work management, effectively use the patent evaluation report, and highlight the quality orientation. It is necessary to cooperate with market supervision, science and technology, finance and other departments to gradually reduce all kinds of financial support for patent authorization by at least 25 percentage points every year until it is completely cancelled before 2025. The number of patent applications and authorizations shall not be directly regarded as the main conditions for enjoying the reward or qualification evaluation policy. Resolutely put an end to repeated funding, over-funding, zero-clearing incentives, disguised funding, and large-scale incentives. All local intellectual property management departments should cooperate with market supervision, public security, credit supervision and other departments to check the clues of key issues suspected of violating laws and regulations in the field of abnormal patent application and deal with them strictly according to law.

Seven, strengthen the credit supervision in the field of patent application.Promote the revision of relevant laws, regulations and rules such as the detailed rules for the implementation of the patent law, and provide a strong legal guarantee for effectively cracking down on abnormal application behavior and strengthening the credit supervision of intellectual property rights. We will implement the Measures for the Administration of the List of Serious Violations of Laws and Trustworthiness in Market Supervision and Management and relevant policy documents, and list the submission of abnormal patents and engaging in illegal patent agency acts as acts of dishonesty according to laws and regulations, and manage and publicize them.

Eight, strengthen the supervision of agency behavior.Deepen special rectification actions, and constantly increase the crackdown on the agency of abnormal patent applications and unqualified patent agents. Strengthen the sharing of regulatory information on abnormal patent application agency behavior between regions, and improve the efficiency of cross-regional supervision. Strengthen cooperation with relevant regulatory authorities, give full play to the advantages of comprehensive supervision, strengthen supervision over illegal activities such as engaging in abnormal patent application agency, and improve supervision efficiency. Strengthen the performance appraisal of local agency supervision work, compact local supervision responsibility, promote local supervision power allocation, and strengthen the guarantee of working conditions.

All local intellectual property management departments should further unify their thinking and understanding, strengthen their sense of responsibility, give full play to the vertical linkage between provinces and cities and the horizontal synergy of departments, establish a long-term governance mechanism, and promote the continuous and in-depth implementation of the work; It is necessary to actively publicize the progress and effectiveness of the work, interpret policies and measures, expose typical cases, popularize useful experiences, guide the public to consciously resist abnormal patent applications, and protect and use intellectual property rights legally, reasonably and fully.

I hereby inform you.

China National Intellectual Property Administration
January 24, 2022

　　On January 17, 2023, China’s annual "report card" was announced — —

　　The annual GDP exceeded 126 trillion yuan, a year-on-year increase of 5.2%; The national urban survey unemployment rate decreased by 0.4 percentage points over the previous year; The per capita disposable income of the national residents actually increased by 6.1% year-on-year & hellip; … The main expected goals were successfully achieved.

　　This "report card" is hard to come by.

　　In 2023, the international environment is complex and severe, and the tasks of domestic reform, development and stability are arduous and arduous, and the complexity and challenge of economic work have not been seen for many years. On the one hand, the world economy continues to slump, the global industrial chain supply chain is profoundly adjusted, and the international circulation faces some difficulties and challenges; On the other hand, problems such as insufficient domestic effective demand, overcapacity in some industries, weak social expectations, and still many hidden risks need to be solved urgently.

　　Facing the complicated and severe international environment and the arduous and arduous tasks of domestic reform, development and stability, under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, China’s overall economic recovery has been solidly promoted to good and high-quality development, and solid steps have been taken to build a socialist modern country in an all-round way.

　　Through this annual "report card", Current Affairs Micro-observation takes you to feel the pulse of China’s economic development.

　　Economic structure — —

　　Constantly optimize and actively promote transformation and upgrading.

　　Recently, at the 2024 annual meeting of the World Economic Forum in Davos, Switzerland, China’s global green and low-carbon transformation plan received wide attention. Previously, GAC Ai ‘an Intelligent Ecological Factory was selected as the "Global Lighthouse Network" of the World Economic Forum in Davos, becoming the only new energy vehicle lighthouse factory in the world.

　　In recent years, Guangzhou Automobile Group has continuously promoted manufacturing intelligence. From factories to products, from parts to vehicles, from research and development to systems, the company is making every effort to lay out an "intelligent" industrial chain. The fully automatic production line supports the mixed production of customized products and spot products, and a customized new car can be rolled off the assembly line every 53 seconds.

　　△ Assembly production line of Guangzhou Automobile Aian New Energy Automobile Co., Ltd.

　　In April 2023, when General Secretary of the Supreme Leader visited Guangzhou Automobile Research Institute, he pointed out: "The economy should develop continuously, and there should be no ups and downs. What is very important here is science and technology, education and talents. "

　　Guided by scientific and technological innovation, China’s manufacturing industry has embarked on a new track of high-end, intelligent and green development.

　　New energy vehicles also ran out of acceleration. In 2023, China’s automobile production and sales exceeded 30 million, ranking first in the world for 15 consecutive years; The production and sales volume of new energy vehicles ranked first in the world for nine consecutive years, and the export volume reached a new high. The export volume of electric manned vehicles increased by 67.1% year-on-year.

　　Further promote the green and low-carbon transformation, China will also form a huge development increment in the fields of green infrastructure, green energy, green transportation and green life. According to estimates, the investment and consumption market will reach 10 trillion yuan every year, with great potential.

　　△ On December 31, 2023, tourists visited Harbin Ice and Snow World Park.

　　From the economic "report card" in 2023, we can also see that as the "main engine" to promote economic growth, China’s consumer market has recovered. The total retail sales of social consumer goods exceeded 47 trillion yuan, an increase of 7.2% over the previous year, a record high; The contribution rate of final consumption expenditure to economic growth reached 82.5%, an increase of 43.1 percentage points over the previous year.

　　From Zibo BBQ "one is hard to find" to "southern potato" courageously breaking into Harbin, from long queues of catering stores to the fastest record of breaking 10 billion yuan at the movie box office … … With the full recovery of normal operation of economy and society, consumption has become the main driving force of economic growth again.

　　△ On March 26th, 2023, the first "beautiful countryside" Basketball League Finals was held.

　　The recovery of consumption benefited from the strong support of the super-large market with a population of more than 1.4 billion in China.

　　The Central Economic Work Conference regards "focusing on expanding domestic demand" as one of the key economic tasks in 2024, and calls for stimulating potential consumption, expanding effective investment, and forming a virtuous circle in which consumption and investment promote each other.

　　At present, there are many favorable conditions to support the sustained recovery of consumption. For example, the advantages of super-large-scale market are still obvious, and consumption hotspots such as recreational tourism and sports events are heating up. In addition, the integration of urban and rural development and the advancement of urbanization have provided broad space for consumption growth.

　　People’s livelihood security — —

　　Powerful and effective, and the overall employment price is stable.

　　"Our goal is grand and simple. In the final analysis, it is to let the people live a better life." In his New Year message, the General Secretary of the Supreme Leader said with deep affection, "The upbringing and education of children, the employment of young people and the medical care for the elderly are family affairs and state affairs. We should work together to do these things well."

　　Through the 2023 economic "report card", we can feel the temperature and intensity of China’s economic development — —

　　In 2023, the per capita disposable income of residents increased by 6.1% year-on-year, and the income of urban and rural residents increased steadily; We made every effort to stabilize the overall employment situation. In the first 11 months, 11.8 million new jobs were created in cities and towns across the country, an increase of 350,000 over the same period last year.

　　△ On January 5, 2024, Ningxia Hui Autonomous Region Employment Assistance Month special service activity site.

　　Employment is the foundation of people’s livelihood and concerns thousands of families. Since 2023, the funds directly supported by governments at all levels in China have exceeded 200 billion yuan, and the situation of gradual improvement in employment is more obvious.

　　It is worth noting that the employment of migrant workers and other groups has been effectively guaranteed. In 2023, the total number of migrant workers reached 297.53 million, an increase of 1.91 million over the previous year, and the average unemployment rate of migrant agricultural registered population in cities and towns was 4.9%, a decrease of 0.7 percentage points over the previous year. From January to November, the number of unemployed people in cities and towns was 4.75 million, and the number of people with employment difficulties was 1.56 million.

　　The person in charge of the National Bureau of Statistics said: "The overall judgment of this year’s employment situation is that the pressure still exists, and the structural contradictions of employment in some groups and some industries will still be more prominent. However, with the economic recovery, industrial transformation and upgrading are accelerating, and the positive factors of stable employment are also accumulating, and the employment situation in China is expected to remain stable. "

　　Today’s China is more determined and capable than ever to continuously improve people’s well-being.

　　△ Old people are enjoying lunch in the elderly canteen in Qingcheng Community, Gulou District, Fuzhou City, Fujian Province.

　　At noon, the elderly canteen in Qingcheng Community, Gulou District, Fuzhou City, Fujian Province was bustling. Lunch with reasonable nutrition is steaming, and the old people can enjoy it only by spending 9.9 yuan.

　　At present, there are more than 500 canteens for the elderly in Fuzhou, benefiting more than 600,000 elderly people. "A hot meal is a trivial matter of people’s livelihood, but it is a major event for many families. By innovating the system and reforming the supply, the problem of eating difficulties for the elderly will be solved, benefiting thousands of households. " Qingcheng community staff said.

　　In Shanghai, the multi-level rental housing supply system of "one bed, one room and one suite" is enabling more "new Shanghainese" to realize their "dream of living in peace".

　　… … … …

　　Prices generally maintained a moderate rise, with investment in the production and supply of electricity, heat, gas and water increasing by 23%, and investment in agriculture by 9.3%, faster than all investment … … In 2023, China’s investment in people’s livelihood continued to increase, and people’s livelihood security was strong and effective.

　　Global contribution — —

　　Promoting stability and improving quality is the biggest engine of world economic growth.

　　Vertically, in 2023, China’s economic growth exceeded 6 trillion yuan, equivalent to the annual economic aggregate of a medium-sized country; Per capita GDP reached 89,358 yuan, an increase of 5.4% over the previous year.

　　Horizontal ratio, in 2023, China’s economic growth rate of 5.2% is higher than the estimated global growth rate of about 3%, and its contribution rate to world economic growth is expected to exceed 30%, which is still the biggest engine of world economic growth.

　　Under the background of global trade shrinking by about 5% in 2023, China’s total import and export volume is basically the same year-on-year, with a slight increase in exports, accounting for more than 14% of the international market, and its position in the world economic cycle has been consolidated and enhanced.

　　△ Guangxi Qinzhou Port Wharf

　　In winter in Guangxi, the Beibu Gulf is blue and blue, and 10,000-ton ships shuttle back and forth.

　　In 2023, the direct flights between Beibu Gulf Port, Malaysian Guan Dan Port and Brunei Mora Port were opened one after another, and the "Two Bay Express" jointly built with Guangzhou Port realized domestic and foreign trade transportation on the same ship.

　　In December last year, when General Secretary of the Supreme Leader visited Guangxi, he emphasized that "to play this game of high-quality development in Guangxi, the chess eye is on expanding opening up." "Deepen and expand cooperation with ASEAN countries in various fields, actively serve to build a China-ASEAN community of destiny, and take the initiative to accelerate development."

　　China has always insisted on common development and sharing new opportunities with other countries in the world.

　　As a major trading partner of more than 140 countries and regions, China’s total tariff level has dropped to 7.3%, which is close to that of developed WTO members. In the past five years, the rate of return of foreign direct investment in China is about 9%, which is at a high level in the world. China market has become a big market shared by the world.

　　△ China International Fair for Trade in Services site in 2023

　　Under the background of weak global economic growth, China’s domestic demand is stable, inflation remains low, the added value of manufacturing industry ranks first in the world for 14 consecutive years, and the scale of import and export is growing against the trend, which is the stabilizer of the global economy.

　　Looking ahead, the basic trend of China’s economic recovery to be good and long-term good has not changed.

　　Give full play to its unique advantages, strengthen its confidence, and constantly promote Chinese modernization with high-quality development, and China’s economic ship will surely be able to break the waves and make steady progress.

　　Producer: Geng Zhimin

　　Producer Xing Lai

　　Editor-in-Chief Ning Lili

　　Written by Luan Xiyan

　　Visual sense Jiang yuhang