It is difficult for cabbage hire agents to have high value patents
Discussion on the quality of patents, in recent years, Sheng.
In response to issues such as the so-called 'patent bubble' and 'patent rubbish' in the media and academic circles, Han Xiucheng, director of the Intellectual Property Development Research Center of the State Intellectual Property Office, responded to the '6th Forum on Innovative China and Intellectual Property Protection' held today. Said that the so-called 'bubble' and 'garbage' issues actually appeared in patent applications rather than patents. The forum was sponsored by Renmin University of China.
'Patent applications and patents are not one thing. There are now 1.38 million applications for invention patents each year, but only 400,000 are actually authorized. Many people confuse the number of applications and the number of grants.' Han Xiucheng said.
Public trial of major cases
China is moving from a large intellectual property country to a strong intellectual property country, and it has become a consensus within the industry. How to speed up this process, and the improvement of the quality of intellectual property is the key to circumvention.
At the beginning of today’s forum, Liu Chuntian, dean of IPR students at Renmin University of China, mentioned the issue of the relationship between the quality and quantity of patents. In his opinion, clarifying these issues is precisely The power to move forward.
In this forum, 'China's patent quality issues and response' is the first issue.
According to Ge Shu, deputy director of the Patent Re-examination Board of the State Intellectual Property Office, the State Intellectual Property Office paid special attention to the improvement of quality and implemented a quality improvement project, emphasizing the importance of creating a source, applying for an agency, and examining and verifying, including the determination of rights. The quality of the patent is to promote the transformation of China from a large intellectual property country to a powerful intellectual property country.
The review of patents involves patent quality. Geshu frankly stated that in recent years, the Patent Reexamination Board has been under great pressure. On the one hand, it has come from the increase in the number of patents. 'It has been a high growth rate for eight consecutive years. It is 8% to 9% every year. , Last year, an increase of 15%, this year, an increase of about 5,000. 'On the other hand, the amount of patent compensation is also getting higher and higher. The parties pay more attention to the existence of patent rights, the quality of the right to make a patent also put forward higher requirements .
'In order to meet the needs of such a situation, we have worked closely around the two important aspects of improving the quality of patent examination and improving the efficiency of patent examination.' Ge Shu said. In addition to relying on the basic review system, that is, collegial In addition to the basic quality assurance system such as system, approval system and quality management, social feedback has also been given special emphasis.
In addition to the general public channels, these feedbacks also include letters and visits, feedback from court cases, etc. According to the introduction, the Patent Reexamination Board has established cases of losing the case, the analysis mechanism of the case letters, analyzes each case of losing cases, and discusses whether there are any cases in the review. Hey and question.
'We conducted a public trial of major cases and hoped to promote quality improvement through such a method, and to apply our ideas and standards to the community. ' Ge added.
Eat well after eating
'When we eat, we must eat well. It is to improve quality.' Han Xiucheng uses this analogy to explain the origin and content of patent quality issues.
After the introduction of policies and the implementation of various effective measures in recent years, the amount of patents has been greatly improved, 'should be sure that the mainstream results are the main'. Han Xiucheng said.
Han Xiucheng believes that the dispute over the quality of patents mainly comes from questioning the funding policy. If there is no funding policy, the intellectual property business in China will not develop so fast; but precisely because no policy is flawless, the funding policy is In the implementation process, it is inevitable that some organizations or some people will use it to 'find loopholes in legal policies to pull in relevant funds'. But overall, the role of funding policy is still positive.
Han Xiucheng emphasized that patents with a low level of invention and innovation cannot be high-value patents. High-value patents must also have market value and market control. 'Patent quality reflects the legal level more, and high-value patents include technical quality. Economic quality, market value, its use brings real money, it can also control the market.
Han Xiucheng reminded that although Chinese enterprises and individuals have applied for patents in many countries in recent years, the overall number of overseas applications is still very low. 'I think this is a very big loss and loss for us. We apply every year. There are nearly 1.4 million patents for inventions, but only 50,000 of them have been applied abroad. This is a serious shortcoming for us. If this is not covered, it may be a big bottleneck for economic development in the future.
Cultivate high-value core patents
The former deputy director of the Beijing Intellectual Property Office and Zhou Yi, secretary general of the China Intellectual Property Development Union, agreed with Han Xiucheng’s point of view: 'If we don’t have a huge amount as a foundation and support, we will not have one of today’s national intellectual property powerhouses. A good foundation will not have the international influence and international status of today's intellectual property.
At the same time, however, we must note that the ability to create intellectual property rights is exactly what is needed to build a strong country. The main expression of strong creative ability is measured by the possession of a sufficient number of high-value patents. Therefore, nurturing The high-value core patents, to improve the quality of patents, are the latest issues at present, and are an important foundation for building China's powerful intellectual property rights.
Zhou Hao said that at present, we still have some problems in the quality of patents. 'For example, some companies apply for patents simply to meet the needs of performance evaluation, they simply do not pay attention to whether there is market value, and some companies apply for patents only. In order to pass the certification of high-tech companies, of course, there is no need to consider the issue of patent quality, as long as the authorization is OK. Another example is when we conduct tenders for patent agencies in colleges and universities and research institutes. The price is an invention patent only 2000 to 3,000 yuan, we think about it, how to use the cabbage price to hire an agent and how can we expect to produce high-value patents that meet market needs?'
Zhou Hao believes that there are many factors that affect the quality of patents, including the high point of scientific research projects and the degree of excavation, the level of patent application documents, the degree of corporate management practices, and the quality of patent examination, and so on.
Zhou Hao emphasized that patent quality is the lifeline related to the entire process of the use of patent resources and competitive strategies. Today, nurturing high-value patents has become a consensus among more and more companies, innovation agents, and market players, and has also been given a high level at the national level. Attention has been given to the formulation of a series of targeted measures to improve the quality of patents and promote the cultivation of high-value patents.
Zhou Hao believes that high-value patents must have the necessary conditions to include: To have a certain technical content, to have a higher text quality, higher stability of rights, and so on. 'On the premise of meeting these conditions, if Together with the good market application prospects, the high market share of the product market, the control of current or future markets, and the strong competitiveness, this may constitute a sufficient condition for high-value patents.