There are so many "patent bubbles", it is urgent to standardize and improve quality

　　Xinhua News Agency, Tianjin, April 23. Title: How many "patent bubbles" are in need of standardization and quality improvement

　　Xinhua News Agency "China Cyber ​​Affairs" reporters Mao Zhenhua and Wang Jinghuai

　　In recent years, there have been a lot of annual patent applications in my country.

However, the reporter's investigation found that the big but not strong problem is still prominent.

In particular, some patents are "speechless", not only without innovative value, but also against common sense.

Even some patents are products of "other purpose."

It is imminent to pierce the "patent bubble" as soon as possible.

Such "brain opening" is unavoidable to be complained

　　The latest report released by the World Intellectual Property Organization in March this year showed that in 2020, China's international patent applications increased by 16.1% year-on-year, ranking first in the world with 68,720.

"We have maintained the world's number one patent application for many years, but we must be clear that the quality of patents is still not high." said Zhang Ling, a professor at the Intellectual Property Law Research Center of Nankai University Law School.

　　On the official website of the State Intellectual Property Office, a patent for a "psychiatric treatment cap" is seen from the picture as a cylindrical cap. There is a hole between the cap and the facial features of a person, and the interlayer is filled with Chinese medicine powder for the treatment of mental illness.

Netizens vomit: "This kind of treatment is really'brain open'." The official website shows that this patent has taken nearly 2 years from authorization to termination.

　　China United International Intellectual Property Co., Ltd. is an intellectual property platform that initiated patent transactions earlier in China.

The founder Hu Jun said that utility model patents have become the hardest hit area for "patents of complaints" because they are close to daily life and have low professional thresholds.

　　"The patent system has made great contributions to my country's economic development. We must severely crack down on'patents' that deviate from the original intention and appear alienated." said Li Jiajun, the relevant person in charge of the Intellectual Property Office of Tianjin Binhai New Area.

Seems "unreliable" or "smart calculation"

　　There are usually two types of inventors of "patented complaints": one is purely personal interest, applying for a whim as a patent; the other is a "professional patent fabricator" who fabricates it in a volumetric manner, and once authorized is granted Profit from this.

　　In order to encourage innovation and strengthen the awareness of patent protection, my country's patent system has been given many "favors" by some places or groups, such as tax reductions for enterprises, personal appraisal of professional titles, reduction of criminal penalties, and bonus points for further education.

Relying on the patent "Vampire" will focus on these needs.

　　A reporter searched on an e-commerce platform and found that information related to patent purchase and transfer abounds.

The reporter randomly contacted one company. When the customer service staff learned that the reporter was eager to buy a patent appraisal title, the other party "thoughtfully" introduced that they could provide "private customization" of utility model patents.

As for what the patent is and whether there is innovation, the other party does not seem to care.

　　After communication, the other party recommended to buy a "sale display stand". For only 1400 yuan, you can have a "complete set of patents" starting from a blank sheet of paper, from customizing to applying for a "one-stop" service.

He also vowed to vowed that "don't worry about the technical points, and there are professionals to help design and write materials." It can guarantee that the certificate will be issued in 6 to 8 months, and the patent content does not need reporters to worry about.

The quality of patents born under this background is worrying.

　　According to industry insiders, a number of patent fabricating companies have now emerged. They recruit young people to contemplate patents, or acquire rejected patents for reexamination and obtain transfer authorization before transferring them to profit from them.

The pipelined patent "production" is "amazing".

　　In order to reduce taxes or arbitrage related subsidies, some companies have also colluded with patent companies and government employees internally and externally to form an "industrial chain" of patent fraud.

A case published on the China Judgment Documents website not long ago revealed the truth about the collusion between government and businessmen to issue "patent wealth".

　　The case verdict showed that Guo Chengzhang, the former chief of the Intellectual Property Management Unit of the Market Supervision Administration of Sichuan Province, Wu Chunhua, an unemployed person, and Chen Zhonghui, a staff member of Chengdu Zhenghua Patent Attorney, had colluded with each other. Each utility model patent awards 3,000 yuan of loopholes, more than 200 fabricated patents, and then declares and receives 744,000 yuan of utility model award funds.

Among them, Guo Chengzhang and Wu Chunhua are responsible for providing local enterprise information, and Chen Zhonghui uses relevant enterprises as applicants to fabricate patent content. After obtaining utility model patent authorization, Guo Chengzhang will register and submit the award list.

　　They also used fabricated utility model patents to defraud the title of National Intellectual Property Advantage Enterprise and the local industrial transformation and upgrading award of 200,000 yuan.

"This is a typical case of colluding among cadres, enterprises, and patent agencies in the field of intellectual property rights to defraud preferential policies." Zhang Ling denounced.

To pierce the "patent bubble" and reduce the "money encouragement"

　　In the face of the "patent bubble", relevant departments have already started to take action.

　　In January this year, the State Intellectual Property Office issued a notice on further rigorously regulating the behavior of patent applications, which clearly stated that all levels of patent application phase funding should be completely cancelled by the end of June.

Local governments shall not provide financial support for patent applications in any form such as subsidies, rewards, subsidies, etc.

For those who falsify and arbitrage patent funding, the allocated funds shall be recovered within a time limit.

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.

　　Zhang Ling introduced that some developed countries will send officials to enterprises to guide innovation, provide a full range of services for enterprise innovation and patent applications, and make enterprises become the protagonist of encouraging scientific and technological personnel to innovate.

　　Hu Jun believes that patent applications can break through text narratives and schematic diagrams and increase model video displays.

For utility model patents, in addition to the more difficult model display at the micro level, models can be used in most cases, which can filter out a batch of hypothetical ideas that apply for patents.

　　Further cracking down on illegal acts of patent agents is on the line.

Li Jiajun suggested that the source of patent production should be strictly controlled, and special rectifications such as "Operation Blue Sky" to combat this type of application should be carried out, and the violation of patent applications should be included in intellectual property credit supervision as untrustworthy behavior.

At the same time, it is necessary to strengthen the coordinated governance of seriously illegal and untrustworthy agencies, and strengthen the effect of supervision.