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In order to enhance the level of local patent management work, fully exert the important role of patent system in promoting the institutional innovation and technological innovation, maintain the fair, rational and orderly competitive order of socialist market economy, improve the integral quality of national economy and international competitiveness, develop high technologies, realize the industrialization, and adapt to the demands of the situation after China's access into WTO, we hereby put forward the following opinions on further strengthening the local patent management work. I. LIBERATING MINDS, CHANGING IDEAS, ENHANCING AWARENESS, AND PRACTICALLY STRENGTHENING THE LOCAL PATENT MANAGEMENT WORK Along with the acceleration of economic globalization and world multi-polarization process and China's access into WTO, the policy of reform and opening-up of China has come into a new stage, and the markets both home and abroad will be further integrated. Under the circumstance that the tariffs are continuously conceded and non-tariff barriers are gradually removed, the international competition will be keener. The patent system, as a basic system of market economy and an important part of national innovation system, is an important means to strengthen the competitiveness and protect legitimate rights and interests and plays a more and more evident strategic role in national economy, social development and scientific and technological progress as well as a more and more powerful role in prompting the technological innovation, regulating the market competition order and promoting the industrialization of high technologies. The local patent management work is an important part of national patent management work, the foundation for doing a good job in the intellectual property work of China, as well as an effective means for promoting local technological progress and innovation and the economic development. For the time being, the reinforcement of local patent management work and the improvement of overall level of China's patent work are not only an urgent request for developing the socialist market economy but also a natural choice for dealing with international intellectual property competition. The department in charge of the local patent management work shall actively obtain the local government's support, take effective measures, reinforce the patent management work, not only carrying out the work from the aspects of staffing, finance, property and organization but also formulating and improving corresponding laws, systems and policies, and actively carry out the work and promote the local scientific and technological, economic and social development at a strategic height of China's participation in economic globalization and maintenance of national interests, economic safety and state sovereignty. II. CHANGING FUNCTIONS, AND CLARIFYING GUIDELINES AND PRIORITIES OF THE LOCAL PATENT MANAGEMENT WORK IN THE NEW ERA The guidelines of local patent management work shall be the deep implementation of the Decision of the CPC Committee and the State Council on Intensifying Technical Innovation, Developing High Technologies and Achieving Industrialization according to Deng Xiaoping Theory and the important ideas of General Secretary Jiang Zemin's "Three Represents", the comprehensive enhancement of technological innovation ability and comprehensive competitiveness as well as the promotion of continuous and fairly fast development of national economy on the basis of comprehensively constructing the local patent management system suitable for the development of socialist market economy and by means of focusing on strengthening the patent management, promoting the institutional innovation and technological innovation, comprehensively enhancing the ability and level of enterprises and public institutions to participate in market competition through the patent system, strengthening the patent protection and creating products and industries with independent intellectual property rights. The priorities of local patent management work shall be given to the central task of the local government, the study of patent strategies and policies, the continuous improvement of the patent management mechanism and operational mechanism, the reinforcement of patent administrative law enforcement, the regulation of market order, the effective performance of the patent system's role of promoting technological progress and innovation, the promotion of the industrialization of patent technologies and the service for the local economic development. III. STRENGTHENING THE CONSTRUCTION OF THE PATENT MANAGEMENT SYSTEM, AND IMPROVING THE PATENT WORK MECHANISM The department in charge of the local patent management work shall, in accordance with the requirements for the development of the times, liberate minds, seek truth from facts, keep pace with the times, blaze new trails in a pioneering spirit, continuously strengthen the construction of the patent management system, improve the patent work mechanism and make the patent management work better adapt to the requirements for developing advanced productive forces. (1)Patent Title Management System: the title constraint is a foundation for the market economy's existence and development. In this era of knowledge economy, the title system for intangible property is particularly important. The department in charge of the local patent management work shall actively cooperate with the relevant administrative departments to formulate the patent title management measures for research and development projects invested in and initiated by the local government and to specify the rights and obligations of the administrative department for investment and project initiation and the project-undertaking entity, including the ownership of the right of patent application, patents and relevant know-how engendered in the project, the limit of administrative powers and the administrative methods of the administrative department for the transfer, maintenance, license and implementation, of patents, the proportion of the local government's investment, the materials inputted by the undertaker and the mental labor of researchers, the measures for sharing the proceeds from the implementation or licensed implementation of patents as well as the remunerations the service inventors should get according to the Patent Law and its detailed implementation rules. The department in charge of the local patent management work shall enhance the quantity and quality of patents engendered from the research and development projects invested in and initiated by the local government and take them as an important basis for appraisal and completion-based check and acceptance of the project, reasonably specify and properly handle the relationship of distributing patent proceeds among the State, the collective and the individual, prevent the loss of state-owned assets, strengthen the competitive advantages and protect legitimate rights and interests. The department in charge of the local patent management work shall, together with the relevant departments, strengthen the supervision and inspection of patent titles of state-owned enterprises and public institutions, keep a close eye on the ownership of intellectual property rights produced by the research and development institutions of equity and contractual joint ventures, establish a corresponding management system and maintain the legitimate rights and interests of Chinese party in the aspect of intellectual property, and shall actively guide and urge enterprises and public institutions to establish a declaration, examination and approval system for the inventions produced by their own staff members, and guarantee the legitimate rights and interests of the State, the entity and the researcher. (2)System for Archival Filing of Patent License Contracts: patent license contracts are a main means to realize the patent technology trading. The regulation and management of patent license contracts as well as the guarantee of their orderliness and legality and the prevention of the misuse of rights are important means for the government to know and grasp the conditions about effective application of patent technologies in the economic field and to regulate and guide the market. The State Intellectual Property Office has formulated and promulgated the Measures for the Administration of Archival Filing of Patent License Contracts. The department in charge of the local patent management work shall, according to the Patent Law and its detailed implementation rules, the Contract Law and other relevant regulations and rules, formulate corresponding administrative measures, form a system, strengthen the administration and do a good in the work on archival filing of patent license contracts. (3)Intellectual Property Coordination System: at present, many regions have established the intellectual property coordination institution or meeting system composed of the departments in charge of patent, trademark, copyright, customs, quality inspection, public security, and culture, which has done a lot of work in the aspect of comprehensively coordinating the matters regarding local intellectual property legislation, law enforcement and foreign-related intellectual property, plays an important role, and has achieved evident effects. Practice has proved that the establishment of intellectual property coordination system is an effective management method. The department in charge of the local patent management work shall try to obtain the support and understanding of the local government and the relevant departments, strengthen the coordination and actively push the formation and establishment of intellectual property coordination system. The department in charge of the local patent management work shall strengthen the cooperation with other relevant departments in charge of intellectual property, coordinate with each other, carry out coordinated action, jointly crack down upon illegal acts of intellectual property infringement, maintain the order of socialist market economy, and create a legal environment good for promoting technological innovation and developing high-tech industries. It is imperative to establish a trans-regional intellectual property law enforcement coordination system, jointly carry out the trans-regional intellectual property law enforcement work, prevent local protectionism, ensure the objective, uniform and fair law enforcement and maintain the solemnity and authority of the law. (4)System for Reporting of Major and Important Patent Cases and Major Events: major and important patent cases as well as major events are a significant issue that will affect the overall situation, so the department in charge of the local patent management work shall attach great importance, grasp conditions from the overall aspect, and focus on hot and sensitive issues as well as major events, and shall, according to the uniform requirements of State Intellectual Property Office, establish a system for reporting of major and important patent cases and major events, timely report major and important patent cases and major events occurred in its own jurisdiction to the local government and the State Intellectual Property Office, so as to realize the coordination between the upper and lower levels and the coordinated action and to ensure the timely and proper disposal of major and important patent cases and major events. (5)Pilot Patent Work System: the department in charge of the local patent management work shall establish a pilot patent work system for the purpose of utilizing the patent system to push institutional innovation and technological innovation and comprehensively promoting the formation and development of products, industries and enterprise groups with independent intellectual property rights, and shall enrich the contents of pilotization and enhance the quality of pilotization, and shall, according to the work model of "carrying out the pilot work at first, deepening the work gradually, using the experience of a selected spot (entity) to promote the work in the entire area, and guiding the overall situation", actively promote the pilot patent work in urban and high-tech development zones, enterprises and public institutions, implement model projects for promoting the industrialization of patent technologies, and help and guide pilot entities to establish the patent management system, and shall seek for new ways good for developing the patent work through the formulation of rules and regulations, education and trainings, research of strategies, business exchange and special services. IV. ESTABLISHING A SYSTEM FOR STUDY OF PATENT STRATEGIES AND POLICIES, AND PROMOTING THE ENHANCEMENT OF LOCAL ECONOMIC COMPETITIVENESS The department in charge of the local patent management work shall establish a system for study of patent strategies and policies, focus on the core work of the local government, carry out the study of patent strategies and policies and put forward comprehensive and overall study reports on patent strategies and corresponding countermeasures and suggestions in view of the issues on the development of economy, trade, science and technology and intellectual property that China faces after its access into WTO and take into consideration the important and advantageous industries in its own jurisdiction, so as to provide an important decision-making basis for the local government to determine important technological development fields and industrial development direction of "Doing Something", to guide the structural adjustment of products and industries, and to reinforce the local economic competitiveness. V. PROMOTING THE INDUSTRIALIZATION OF PATENT TECHNOLOGIES, AND ENHANCING THE VISIBILITY OF THE PATENT WORK IN THE LOCAL ECONOMIC DEVELOPMENT The industrialization of patent technologies is an important work of the department in charge of the local patent management work to promote the local economic development, as well as an important means and breakthrough to enhance the visibility of the patent work in the local economic development. On the one hand, the department in charge of the local patent management work shall actively obtain the support of the local government and the financial department, and increase the strength of capital guidance and support in the aspect of the industrialization of patent technologies as well as the preference of policies; on the other hand, the aforesaid department shall establish a financing mechanism of combining patents and financial capital, formulate relevant policies, bring into play the financing role of patents as the property and the capital, actively carry out the trust and pledge of patents, the investment by patents and other businesses, operate patents from the aspects of both property and capital, encourage and guide risk investment institutions to use risk investment funds mainly for patent technology projects, widen investment and financing channels of patent technologies, and promote the formation and development of products, industries and enterprise groups with independent intellectual property rights. VI. ACTIVELY PROMOTING THE CONSTRUCTION OF THE PATENT MANAGEMENT SYSTEM, AND ENHANCING THE COMPREHENSIVE ABILITY AND LEVEL OF THE PATENT MANAGEMENT (1)Patent Management Institutions: the establishment and improvement of the patent management system is an institutional guarantee for carrying out the patent work. The department in charge of the patent management work of a province, autonomous region, municipality directly under the Central Government or deputy-provincial city shall actively obtain the support of the local government and the staffing department, continuously reinforce the construction of its own constitution, and strive for gradually becoming an institution directly under the government, and shall actively push the construction of patent management institutions in the districted cities, try to establish corresponding patent management institutions in all the districted cities, extend them to the qualified counties (cities and districts), and hire professionals suitable for the patent management work, so as to form an effective national patent management network suitable for the economic development. (2)Patent Administrative Law Enforcement Team: the patent administrative law enforcement team is an important part of the patent management system, and the department in charge of the local patent management work of a province, autonomous region or municipality directly under the Central Government, when conditions are mature, shall actively obtain the support of the local government and the staffing department and establish a patent administrative law enforcement team, and a districted city with heavy patent administrative law enforcement tasks shall also establish a patent administrative law enforcement team and form a powerful patent administrative law enforcement team from the provincial level to the municipal level so as to ensure the timely, convenient and fair disposal of cases concerning patent disputes. (3)Patent Representative Offices: patent representative offices are the institutions approved by the State Intellectual Property Office and established and directly managed by the department in charge of the local patent management work, and their main tasks are to accept the authorization of State Intellectual Property Office to do a good job in the acceptance of patent application documents and the patent charging work as well as to actively provide convenient consultancy services to the applicants and inventors by focusing on this core work. The State Intellectual Property Office will continuously improve the rules and systems for the administration of patent representative offices and strengthen the administration and supervision of patent representative offices. The department in charge of the local patent management work of a province, autonomous region or municipality directly under the Central Government that has not established any patent representative office yet can, in accordance with the relevant provisions of State Intellectual Property Office and the conditions of its own region, actively obtain the support of the local government and file applications for establishment of patent representative offices to the State Intellectual Property Office in proper time. The State Intellectual Property Office will approve those applications meeting the conditions according to the principle of "one mature application, one ratification". VII. VIGOROUSLY DEVELOPING PATENT INTERMEDIARY SERVICE AGENCIES, AND ENHANCING THE SOCIAL SERVICE LEVEL OF PATENT PROTECTION AND PATENT MANAGEMENT (1)Patent Intermediary Service Agencies: patent intermediary service agencies refer to patent agencies, patent property assessment agencies as well as other service institutions engaging in the patent information searching, technological judgment of patent infringements, research of patent strategies, patent intermediary services and consultancy, and are an important part of the patent work system. All regions shall vigorously encourage and support the development of patent intermediary service agencies and make them reinforce the function and role of intermediary services, actively carry out patent intermediary services to the society in various forms and continuously enhance the service quality and level in light of the requirements of the market. The department in charge of the local patent management work shall strengthen its supervision and guidance of patent intermediary service agencies, establish and improve the system for examination and approval, qualification ratification of patent intermediary service agencies, appointment of practitioners with certificates, annual inspection and rating of practitioners, regulate their practices, ensure the healthy and orderly development of patent service work and make it become an important social supporting force for developing the patent cause of China as well as a useful helper to the department in charge of the patent management work. (2)Patent Information Network: the department in charge of the local patent management work shall strengthen the construction of the patent information network, establish patent information databases of relevant fields in light of the requirements for developing its own science and technology and economy as well as the industrial predominance, and reasonably lay out patent information networks in its own region, and provide convenience and conditions for the relevant government departments, enterprises, public institutions, technology staff and the general public to timely access to and effectively use patent information. The State Intellectual Property Office will grant strong support to the construction of patent information networks if it is allowed by the policies of the State, and bring the advantages and enthusiasm of the local government and the State Intellectual Property Office into full play. (3)Industrial Associations: the department in charge of the local patent management work shall actively prepare for the establishment of patent protection associations mainly composed of group members, support and encourage the establishment of various self-discipline and right maintaining organizations regarding patent protection, bring into play the collectively operational function of industrial associations in patent protection and management, and establish a mechanism of self-education, self-protection, self-constraint and self-development, and shall guide and coordinate member entities to formulate rules and systems through industrial associations, administrate and use patents according to law and continuously enhance the sense of members to protect themselves and respect others, and shall guide and support industrial associations to carry out the propaganda, popularization, training and legal consultancy concerning the patent, bring into play the role of industrial associations and gradually enhance the social service level of China in patent protection and patent management. VIII. ESTABLISHING A NATIONAL PATENT MANAGEMENT INFORMATION SYSTEM, REALIZING THE SHARING OF MANAGEMENT RESOURCES, AND ENHANCING THE WORK EFFICIENCY The establishment of a national patent management information system is an important means for realizing the sharing of national patent management information and resources and enhancing the effectiveness of patent management work. The State Intellectual Protection Office will establish a database for disposing and investigating patent cases, a database for archival filing of patent license contracts, a database of laws and policies and other platforms of management information, connect its networks with those of the departments in charge of the local patent management work, and realize the communication of management information and the sharing of resources between the State and the region or among the regions. The department in charge of the local patent management work shall, according to its own characteristics and uniform standards, establish its own patent management information system. In order to push the operation of this work, the State Intellectual Protection Office will choose some regions with mature conditions to carry out the pilot patent management information, explore experiences and gradually promote them in the whole country. IX. STRENGTHENING THE CONSTRUCTION OF PATENT MANAGEMENT TEAMS, AND TRAINING A LARGE NUMBER OF HIGH-QUALITY TALENTS The construction of patent management teams and the personnel training work are the basis and guarantee for the patent work. The department in charge of the local patent management work shall attach great importance to the construction of patent management teams and the personnel training work, focus on main targets of the patent work, study and formulate the plans for carrying out the construction of patent management teams and the personnel training work, establish corresponding training bases or entrust institutions of higher learning for the trainings, not only take time to train a great number of high-quality patent talents familiar with international property affairs and adapting to the requirements for China's access into WTO, but also strengthen the reeducation and trainings of in-service personnel, continuously enhance the operational quality and ethics of patent management personnel, build up a good industrial style, gradually form a creative, coherent, combat-worthy and high-quality patent management team, so as to adapt to the requirements for developing the patent work. X. STRENGTHENING THE STUDY OF INDICES FOR THE PATENT WORK, AND ESTABLISHING A SCIENTIFIC PATENT WORK APPRAISAL SYSTEM The indices for the patent work are important criteria for judging the technological strength and innovation ability of one region or one entity as well as a main basis for judging the status of the patent work of one region or one entity, and mainly include: (1)Number of patent applications, number of patent holdings (including the number of patents applied for and obtained abroad), and proportion of invention patents to all the patents; (2)Index of relationship between the number of invention patents (including the patents obtained abroad) and GDP; (3)Technological invention activity index (which refers to the proportion of the number of patents in a specific field of a region to the number of patents of China in this field divided by the proportion of the number of patents in this field to the total number of patents of China, and which is an index for judging the relative distribution focus of technological inventions of one region); (4)Patent input-output index (including the proportion of annual number of patent applications and number of patent grants to the investments in research and development for the same period, and the proportion of annual number of patent applications and number of patent grants to the number of technology staff); (5)Patent revenue index (including the revenues from the patents independently developed and introduced); (6)Patent information utilization index (including the formulation and implementation of patent strategies); (7)Patent protection index (including the disposal and investigation of patent cases); and (8)Formulation of rules, systems and policies as well as propaganda and trainings. The department in charge of the local patent management work shall strengthen the study of indices and parameters for the patent work, and establish a scientific patent work appraisal system, and incorporate the indices for the patent work into the technological innovation appraisal system and the system for appraisal of government work, so as to objectively reflect and judge the work conditions, technological innovation ability and strength of the region, the department, the enterprise and the public institution. The department in charge of the local patent management work shall, according to the requirements of "Three Represents", be energetic and dynamic, have the courage to make exploration, blaze new trails in a pioneering spirit, be practical in work, continue to enhance the patent management level, make the patent work of China adapt to the requirements for developing the socialist market economy, promote technological progress and innovation, and provide services for the realization of the third-step strategic goal of national economy and social development. |
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