标签归档 广州私人品茶

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

　　　　　 "It’s okay to stun for a second."

　　"Can you really dizzy for a second? Like on TV? Isn’t it amazing? " The reporter suggested that Zhang Lan Rong treat the reporter as a suspect and restore the scene.

　　Immediately, the reporter regretted it. Zhang Lanrong just put his hands on the reporter’s neck to pose a shape of neck control technology, and the reporter felt difficult to breathe and dizzy. Zhang Lan Rong said, "I haven’t exerted my strength yet. If you exert your strength, it will cause insufficient blood supply to the brain in an instant, and it will be appropriate to stun people for one second. "

　　Recently, at the World Police and Firefighters Games held in Chengdu, Sichuan Province, Chinese mainland won the karate medal for the first time. Among them, Zhang Lanrong, a policeman from the special police detachment of Yuzhong District Public Security Bureau in Chongqing, won the third place in the men’s 75 kg black belt actual combat group and won a bronze medal. This is also the first time that Chongqing police won the medal of the World Police Association.

　　He told reporters: "I am honored to win the prize in this project, contribute to the motherland and strive for a share of the light."

　　Chongqing Evening News-Upstream journalist Yu Yujing Wen Qian Bo photo

　　"I have been practicing karate for 10 years."

　　On August 19th, the reporter met Zhang Lanrong who came back from Chengdu near Jie Fangbei, Yuzhong District. He wore a special police uniform, showing only his hands and head, and looked no different from other special police officers.

　　It is difficult for reporters to connect this middle-aged man with dark skin, thick hair and fine wrinkles around his eyes when he smiles with the deeds of KO (winning with one blow) when he fights with foreign police elites in karate events.

　　"Karate is not a compulsory course for police and firefighters in Chinese mainland. Of course, our ability to deal with the scene is very strong, but when it comes to karate, it may not be dominant. Police in other countries and regions train karate as a professional skill. On the court, at first glance, our China players always give people a feeling of being at a disadvantage. " Zhang Lanrong said helplessly when he mentioned the performance of China players in the karate events of the World Police Association in the past.

　　It is understood that the karate events of the World Police Association are divided into two types: the type competition and the team competition. To put it simply, the team players are actually fighting, and both sides use kicking, hitting and throwing techniques to attack and defend. Type A is a routine that expresses the overall content and style in the form of drills through the movements of hands, feet and body, combined with breathing and exertion. Zhang Lanrong participated in the project, which was a black belt class of 75 kg.

　　"Since it is not a compulsory course, why can I get a medal?"

　　Zhang Lanrong blinked and said, "We China players who dare to register are confident in ourselves. I have been practicing karate for 10 years."

　　"I lost 8 kilograms three days before the game."

　　It is understood that in order to participate in this competition, Zhang Lanrong began to prepare one week in advance and lost 8 kilograms three days before the competition.

　　The reporter asked him curiously: "How did you lose 8 kilograms in 3 days while maintaining your physical fitness?"

　　"Very simple, the first four days of that week, eating and training normally, avoid oil and salt. In the next three days, I began to control my appetite. Under normal circumstances, I will eat 1.5 kilograms a day, and then 200 to 300 grams a day. The penultimate day is all vegetarian, the penultimate day is only fruit and cereal, and the last day is cereal and steamed bread, all of which should be controlled. At the same time, training cannot be broken. " Zhang Lanrong said with a relaxed face.

　　According to reports, on the eve of the competition, a special staff member asked the contestants: "Which one of you is in full contact?"

　　Full contact is one of the rules of karate competition, and KO is used as the criterion of victory, so it is easy to cause injuries to the players.

　　Hearing the staff’s question, Zhang Lanrong raised his hand excitedly: "Me! I am! "

　　"What genre are you from?"

　　"Very true! Very true! "

　　The staff member said to him with a dignified expression, "Take it easy during the game."

　　Recalling this experience, Zhang Lanrong laughed and cried: "At that time, I thought there would be any preferential treatment for full contact, and I was extremely excited. Later, I learned that in order to prevent the contestants from being injured, the organizers focused on some practical schools and players who played full contact. The referee kept a close eye on these players, for fear that someone would be injured in the fight. "

　　Despite the preparations, Zhang Lan Rong was stunned when he entered the court. His first opponent was Zeng Baoqi from the Hong Kong, China team (who later won the gold medal at this level). Losing to Zeng Baoqi, Zhang Lanrong produced "Are all the players so strong?" The illusion, quickly send the game video to the coach — — Deng Renwei, branch director of Gongdaochang Chongqing Branch of Karate Extreme Reality Club. "You want to foster strengths and circumvent weaknesses, don’t give him a leg distance! Do wrestling when you have the chance! " Deng Renwei immediately revised Zhang Lanrong’s tactics.

　　Deng Renwei told the reporter: "Zhang police officer is a strong and powerful player. Usually, he tends to be fully exposed to such rules that are more aggressive and focus on KO rather than martial arts scores. In the first game, police officer Zhang will be sentenced to a foul if he makes great efforts, and he still keeps a distance of about half a meter from his opponent, but he is facing a dexterous leg player — — If you don’t adapt, the other party is more likely to score. "

　　In the next game, although Zhang Lan Rong knocked the player from Sichuan KO, he used the full contact punch and was found guilty of a foul and lost the game. Afterwards, Zhang Lanrong said with great guilt: "I really didn’t mean it, I really feel guilty."

　　These two games are also the only two defeats of Zhang Lanrong’s trip to the World Police Association. Zhang Lanrong pinched his fist: "I never lost when I played against foreign players. I played very well!"

　　Neck control is dizzy for one second.

　　Zhang Lanrong returned to Chongqing immediately after attending the World Police Games and devoted himself to his work. At about 12 noon on the day of the interview, Jie Fangbei, his special police detachment, quickly turned against the team and patrolled Jie Fangbei under the scorching sun.

　　Special police know martial arts, and no one can stop it! Just talk about the game, but don’t be energetic. Zhang Lanrong talked about the changes in physical fitness after practicing karate, which are all reflected in his work experience. Three words: reaction, sense of distance and resilience.

　　"The most intuitive thing is that I have learned some routines and skills. These things have been practiced and integrated into the task, which has improved the resilience. " Zhang Lanrong talked about a police experience: he and two colleagues controlled a crazy psychopath together. At that time, it was in a narrow room, the ground was full of water and oil, and the other party threatened to detonate the gas tank. The situation was extremely critical. The special police rushed into the room, and Zhang Lanrong used a neck control technique. In less than a second, the other party fainted.

　　Judging a person’s state from his eyes

　　"The confrontation practice is much more, and the response will be faster. The movements of ordinary people will be slower in my eyes. Moreover, I can judge what state a person is in by looking at each other’s eyes. " When Zhang Lanrong said this, his eyes flashed.

　　According to reports, a few years ago, Zhang Lan Rong and his colleagues arrested a fugitive with a murder case. At 7 o’clock in the morning, the special police gently opened the room where the fugitive lived with the key provided by the landlord. Zhang Lanrong was the first to enter with a 15 kg riot shield. Earlier, Zhang Lanrong felt that the fugitive might be sleeping. However, when he rushed into the door armed to the teeth, he saw a man in shorts and slippers coming out of the bathroom.

　　"At that moment, it felt very long. I am about two meters away from him, and I can see the surprise in his eyes and a little hostility. I deal with these people, and I know the dangerous eyes. There is water on his face. Maybe he just washed his face, and people will be more sober. There is a machete on the coffee table next to it, and he must be controlled immediately! " Zhang Lan’s glory lifts the shield, steps forward and impacts — — The fugitive, who was 1.75 meters tall and weighed 75 kilograms, flew 4 meters away, knocked down the recliner and fainted.

　　Zhang Lanrong recalled that all this happened within 2 seconds, from the two people looking at each other to confirming the target and the other party fainting.