fast! Wake up the "sleeping patent"
The Ministry of Finance and the State Intellectual Property Office recently jointly issued the "Notice on Implementing the Special Plan for Patent Transformation to Boost the Innovation and Development of Small and Medium-sized Enterprises" (hereinafter referred to as the "Notice"), which proposed to awaken the under-implemented "sleeping patents" and promote the innovative development of small and medium-sized enterprises .
Why do patents "sleep"? How to wake up?
Some high-value patents "sleeping" in colleges
According to the "2019 China Patent Investigation Report", the effective patent implementation rate in China is 55.4%. There are still a large number of patents that have not been fully implemented. The loss of R&D investment and the waste of public resources cannot be ignored.
A considerable part of the "sleeping patents" is in universities and research institutes.
According to the "Survey and Research on the Status Quo of Patent Transformation in Universities" released in 2018, less than 5% of the scientific and technological achievements of university patents are truly industrialized.
According to other public information, from April to June 2019, the Guangdong Provincial CPPCC organized a special research team to conduct field investigations in Beijing, Guangzhou, Shenzhen, Zhuhai, Foshan, Zhongshan and other places, and found that there were a large number of "sleeping" in universities and research institutes. Patent", many of which are high-value patents.
When interpreting the "Notice", the State Intellectual Property Office analyzed the reasons for the existence of "sleeping patents" in universities and research institutes: First, the low utilization of patent information, insufficient patent navigation analysis, and patents and markets developed by universities and research institutes Disconnected, it is difficult to efficiently match the needs of the company's patented technology.
Second, patent transactions are highly dependent on market-oriented operation services in terms of law, technology, and business negotiations, and require relatively long matching transactions, tracking services, and technology digestion processes.
It is difficult for companies to obtain patents efficiently
While a large number of patents are "sleeping", some companies that want to introduce patents suffer from lack of channels.
The survey found that a considerable number of small and medium-sized enterprises are willing to introduce patents and cooperate with inventors to solve technical problems and upgrade their technological level, but they generally say that it is difficult to obtain patents efficiently.
Out of the need for confidentiality, small and medium-sized enterprises are generally reluctant to publish through public channels even if they have a need for patents, and are more willing to search for suitable patents on their own.
However, most small and medium-sized enterprises currently lack fast and efficient channels for seeking patents and connecting with patentees and invention teams, resulting in serious asymmetry in information.
On the one hand, patents are not fully utilized, and on the other hand, enterprises have technical needs to be met, and awakening "sleeping patents" has become the expectation of all sectors of society.
A university intellectual property researcher once wrote that the transformation and application of patents requires an effective market to meet the willingness of patent creators and technology demanders to cooperate, the protection and incentives of intellectual property-related systems, and flexible cooperation mechanisms to deal with transformations. In uncertainty.
In recent years, efforts have been made to transform patents at both the national and local levels.
For example, since 2014, the Ministry of Finance and the State Intellectual Property Office have initiated the construction of an intellectual property operation service system, successively carrying out the construction of intellectual property operation platforms, cultivating intellectual property operation institutions, guiding the establishment of intellectual property operation funds, and supporting the construction of key cities Intellectual property operation service system, etc.
In 2020, the number of operations such as patent transfer license pledges nationwide will reach 405,000, and the awareness and ability of innovative entities in patent transfer and transformation will be further enhanced.
Last year, Jiangsu put thousands of high-quality patents on the provincial technology property rights trading market online platform for auction. Enterprises can negotiate and auction online without leaving their homes.
Real money supports patent conversion
On the basis of the preliminary work, the Ministry of Finance and the State Intellectual Property Office decided to implement a special plan for patent conversion.
According to the "Notice", the special plan is implemented in the province. The provinces need to focus on a number of strategic emerging industries, intellectual property-intensive industries and other characteristic advantageous industries, colleges and universities, and rely on cities or industrial parks where related industries are concentrated. Three aspects of work: broaden the supply channels of patented technology, promote the precise connection of patent supply and demand, and improve the ability of small and medium-sized enterprises to implement patents.
The special plan puts forward a series of targeted measures.
For example, in response to the "sleeping patents" of universities, it is proposed to stimulate the vitality of patent transformation of universities and institutes, guide universities and institutes to deepen the distribution mechanism of intellectual property rights, and explore patents with higher quality and market prospects; relying on intellectual property and technology of universities and research institutes Carriers such as the transfer center and industrial intellectual property operation center release patent technology supply information, and carry out the promotion and application of key core technology intellectual property rights; focus on the areas where small and medium-sized enterprises are concentrated, support service organizations to help small and medium-sized enterprises obtain target patents, and organize universities and research institutes Institutes and state-owned enterprises go deep into small and medium-sized enterprises to carry out patent technology docking activities.
It is worth mentioning that the special plan will also use real money to support patent conversion.
According to the "Notice", the work will be started in the first half of 2021, and a number of provinces with a good work foundation and a solid and feasible implementation plan will be selected nationwide, and 50 million yuan will be given as a start-up capital, and the supplementary allocation or allocation will be determined according to the results of the 2022 performance evaluation. 50 million yuan of funds were deducted.
For the 2022 and 2023 bonus areas, based on the performance evaluation results, select the provinces with the top rankings in the evaluation and meet the scope of support, and give 100 million yuan in bonus funds.
Du Xin