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The State Intellectual Property Office further strictly regulates patent application behavior



On January 27th, the State Intellectual Property Office issued the "Notice on Further Strict Regulation of Patent Application Behavior" (hereinafter referred to as the "Notice"), requesting further regulation of patent application behavior, improving the quality of patent applications, and eliminating the need to protect innovation The purpose of irregular patent application activities has effectively promoted the transformation of my country from a large country of intellectual property introduction to a large country of creation, from the pursuit of quantity to the improvement of quality.

The "Notice" requires that the number and quality of patent applications must be adapted to the level of regional economic development, industrial development needs, and technological innovation capabilities. Relevant departments and units must scientifically set various work indicators, strengthen quality guidance, and give full play to high-quality development indicators. Leading role; it is necessary to further adjust and improve the policies of funding and rewards, completely cancel the funding for patent applications, and focus on increasing support for subsequent transformation and application, administrative protection and public services; to standardize the order of patent applications, resolutely crack down and effectively curb Protect the irregular patent applications for the purpose of innovation and promote the high-quality development of intellectual property.

The "Notice" pointed out that the six situations stipulated in Article 3 of the "Regulations on the Regulation of Patent Application Behaviors", as well as units or individuals deliberately decentralized submission of related patent applications, and units or individuals submitting patent applications that are clearly inconsistent with their research and development capabilities , The five cases of abnormal scalping of patent applications by units or individuals are irregular patent applications that are not intended to protect innovation. They must be severely cracked down and dealt with in accordance with relevant laws, regulations and policies. Relevant applicants shall not be reduced in the payment of patent fees, and measures such as applying for national intellectual property demonstration and superior enterprises, intellectual property protection center registration enterprise qualifications, and China patent award application, participation or award qualifications shall be cancelled, and relevant applicants and relevant agencies shall be No funding or awards will be given.

The "Notice" requires intellectual property departments at all levels to strengthen collaborative governance, scientifically set assessment indicators, adjust patent funding policies, highlight the quality of patent applications, strengthen credit supervision in the field of patent applications, strengthen the regulation and supervision of patent transactions, and strengthen cross-departmental information Notification.
The "Notice" clarified that the funding for all levels of patent application stages will be completely cancelled before the end of June 2021. The total amount of funding at all levels and types of funding received by the grantees shall not exceed 50% of the official fees paid for obtaining patent rights, and shall not subsidize intermediary service fees such as patent annual fees and patent agency fees. During the "14th Five-Year Plan" period, all localities will gradually reduce various types of financial assistance for patent authorization and cancel them all by 2025.