Li Jizhen Zhang Xuemei
Technological SMEs have inherent advantages in technological innovation, especially subversive technology, and are an indispensable part of China's national economic development.
The state has always attached great importance to the development of innovation in science and technology SMEs. As early as 1999, the state established a technological innovation fund for SMEs, through direct grants, loan interest subsidies and capital investment in three ways to technological innovation. The “13th Five-Year Plan” also further requires 'supporting the healthy development of science and technology SMEs'. With the support of various policies, China’s SMEs have made great strides in innovation and development. However, from the patent From an angle of view, the status quo of China's science and technology-based SMEs with their weak competitiveness in innovation has been continuously highlighted in recent years, mainly due to the lack of high-quality patents, and the growth of patent quality has lagged behind the growth rate of patents.
Guided direction is not scientific enough
For a long time, China’s intellectual property related policies have focused on the number of patented products, while the quality of patents has lacked clear indicators. Whether it is the evaluation criteria for SMEs in science and technology, the evaluation of innovation funds, or the title evaluation, job performance, Research funding applications, research project completion, etc. In the direction of intellectual property related policies, the number of patent applications and authorizations are used as key assessments, assessments and performance indicators, and for invention patent authorization rates, patent implementation, and patent applications. The patent maintenance rate and patent quality indicators such as PCT patents do not set forth clear requirements. As a result, many companies have produced patents for qualification applications and assessments. R&D personnel create patents for performance evaluation and performance, resulting in a large number of The 'patent patent' and 'spam patent' outputs, these 'invalid' and 'duplicate' patents lower the overall quality of corporate patents.
Input structure is not mature enough
With the support of the National Science and Technology Achievements Transformation and Guidance Fund, the National SME Development Fund, the National S&T Small and Medium-sized Enterprise Innovation Fund, the State Emerging Industry Venture Capital Investment Guide Fund, and various social capital financing, China’s scientific and technological SMEs have invested in scientific and technological innovation activities. The intensity has been increasing year by year. However, technology-based SMEs have shown an immature structure in the input of science and technology innovation. First, the ratio of R&D personnel and expenditures is not high. For example, for high-tech SMEs in Beijing, Beijing Hi-tech R&D personnel and expenditures of technology companies accounted for only 34.3% and 35.2% of the total expenditure on scientific and technological personnel and scientific and technological activities of the entire company. Second, companies lacked due investment in the management of intellectual property. Most of them were in the initial period and growth period. There is a lack of specialized intellectual property department establishments and intellectual property management talents within the small and medium-sized SMEs. After technical output, the agency is only authorized to provide patent writing and application services. As a result, companies have limited ability to manage their own technological innovations and are difficult to form. Strategic and core technology development and management. It is less investment in R&D in basic research and basic application areas. Due to the lack of professional innovation management team and concern about the high risk of scientific and technological inputs, it has been slow. Therefore, some small and medium-sized SMEs only conduct research on existing production requirements, and they lack The technological innovation in the frontier basic research field has a direct impact on the result that companies lack a high-quality technology at the source of innovation.
The security system is not sound enough
On the one hand, due to many reasons for the talent team's ability and professional environment, some patent agency agencies and patent offices did not write up some of the company's useful and valuable patent texts, causing some high-quality patents to be 'unfortunate. 'Well, these unfortunate patents are not as valuable as they were at the beginning, but they may become very popular overnight due to market factors. On the other hand, the patent valuation system is incomplete and the patent value is generally Underestimation, and even some foreign voices have pointed out that China cannot innovate, and the value of Chinese patents is very low. At present, the average statutory compensation for patents in China over 97% is only 80,000 yuan. The cost is high, the compensation is low, the period is long, and the effect is poor, so that the enterprise wins. Lawsuits, but lost the market. For small and medium-sized SMEs with limited scale and funds, the contrast between the high cost of patent rights protection and the low cost of patent infringement reduces their enthusiasm for innovation and their enthusiasm for the creation of high-quality and outstanding patents. Therefore, technological innovation activities of technology-based SMEs that have congenital advantages in disruptive technological innovation are especially Development of new competitive deserve special attention and priority support. The core innovation to enhance the competitiveness of SME is to promote the enterprises to improve patent quality level, high-quality patent creation activities.
Based on this, it is necessary to promote the establishment of a high-quality patent accelerator project aimed at enhancing the innovation competitiveness of SMEs. The high-quality patent accelerator is a source of high-quality technology for enterprises, and outputs high-level patent texts, and passes a high standard patent value evaluation. The guidance of the system, under the operation and management of the comprehensive property rights service security system, to achieve the system engineering of patent quality and patent value enhancement.
Increase the supply of high quality technology sources
Increasing the supply of high-quality technology sources is the core way to improve the quality of corporate patents. The first is to strengthen the support of government policies. In basic and basic application research fund projects, we will increase funding for R&D projects for technology-based small and medium-sized enterprises. The state-of-the-art SMEs establish frontier technology innovation research institutes, undertake research and development projects in key national science and technology projects and cutting-edge key technology fields, nurture a group of outstanding technologies to create leading companies, and second, guide enterprises to improve the internal management mechanism of intellectual property rights and establish independent The intellectual property management department and talent team carry out in-depth technical analysis, technology forecasting, technology mining, technology protection and technology trading for enterprise technological innovation activities, and improve the level of enterprise technological innovation achievement management and competitive strategy analysis; Third, encourage technology-based SMEs Utilizing an open innovation model, collaborating with universities and research institutes at home and abroad to carry out collaborative innovation activities of industry, universities, and research institutes, utilizing global innovation resources to create high-level technologies that are compatible with the needs of the company's market; Fourth, establishing cutting-edge technology development insurance funds for technology SMEs develop frontiers Art development activities to provide insurance services, cutting-edge technology innovation to improve enterprise investment enthusiasm, mitigate business risk concerns R & D activities to create 'encourage innovation, tolerance of failure' technology to create atmosphere.
Improve output of high-level patent texts
To increase the output of high-level patent texts, it is necessary to strengthen the training of intellectual property talents and the construction of a contingent system. Regularly organize training sessions on patent databases to provide international business training for professional patent agents, especially foreign-related intellectual property personnel, and guide patent agency services. Technology-based SMEs carry out full cooperation, especially in early technical information retrieval and intelligence analysis, to strengthen the search, analysis, protection and layout of patents, improve domestic patent and PCT patent text writing capabilities, effectively avoid duplication, low quality and The output of the 'pity' patent supports the establishment of a national first-class university in intellectual property, the development of intellectual property rights education and the establishment of a discipline system, and the cultivation of a group of intellectual talents who understand science, understand technology, understand the market, and understand the law. , To achieve the organic integration of high-quality technology source supply, high-level patent text output, high-standard patent value assessment and comprehensive patent operation guarantee.
Establish a high standard patent value evaluation system
High standard patent value is an inevitable requirement for high-quality patents, and it is also an accelerator to promote high-quality patent output. At present, there are many, but not rigorous, methods for evaluating the value of patents. The main reason is that the patent statistics used for value evaluation are insufficient. For example, the 80,000 yuan patent value assessment widely accepted by the intellectual property courts came from the statistical analysis of only a few hundred patents. However, as the construction of innovative countries continues to push in, such low-value patent assessments are no longer satisfactory. The increasing demand for innovation in China urgently requires the establishment of a high-standard patent value evaluation system. It integrates existing information resources for scientific and technological achievements, and builds a national patent open database. With the fourth revision of the Patent Law as an opportunity to encourage enterprises, universities and Research institutes and other innovative entities, intellectual property service agencies and technology exchanges actively participate in patent value assessment research activities, using big data, cloud computing and other technologies to carry out scientific and technological achievements conversion and technology transaction information in-depth excavation, build quality as the core, and market A high standard patent value evaluation system that is oriented to the agreement.
Advertising builds an open national scientific and technological achievements information platform, encourages various agencies to release information on supply and demand of scientific and technological achievements through technology exchange markets, and supports scientific and technological small and medium-sized enterprises to carry out scientific and technological achievements display and roadshow activities. Simplify the procedures for the transformation of scientific and technological achievements to support the development of colleges and universities Patent screening and assessment, nurturing a batch of high-quality patents that can be landed, supporting technology-based SMEs to undertake scientific and technological achievements transformation projects in universities and colleges, and promoting the accurate docking of technology, experts, and enterprises. Further advancing intellectual property financial services to guide venture capital investment Access, Encourage SMEs in science and technology enterprises to carry out intellectual property pledge financing, expand financing scale, and form a spiral benign growth mechanism for R&D input and output. Guide service agencies to develop full-service services in intellectual property consulting, management, legal and operations, Cultivate a group of high-quality intellectual property agency services with high degree of integration, strong foreign-related service capabilities, outstanding operational capabilities, and demonstration-driven effects. Intensify patent law enforcement, formulate relevant laws and regulations, and severely investigate unfair competition such as intentional infringement. Will make fake False, infringement profits, commercial fraud and other serious violations of the innovative environment are incorporated into corporate and personal credit records, and severe penalties (such as triple penalties, restrictions on bank loans, bidding, personal consumption, etc.) are raised to increase the cost of patent infringement. , To protect the legitimate interests of the patentee, and to increase the confidence of the patentee and the public in the patent system.