To realize the Chinese dream of great rejuvenation, we must rely on innovation to drive transformation and upgrading. Carrying out the inspection of patent law enforcement at this time not only embodies the strategic spirit of implementing innovation-driven development emphasized by the Third Plenary Session of the 18th CPC Central Committee, but also prepares for the next revision and improvement of the patent law.
four moon14 Solstice19 Chen Changzhi, vice chairman of the National People’s Congress Standing Committee (NPCSC), led the inspection team of patent law enforcement in the National People’s Congress Standing Committee (NPCSC) to Zhejiang to carry out inspection. The picture shows the inspection of Ningbo Hefeng Creative Plaza Project. take a photograph/ Chen Jian’ an
After a lapse of eight years, the National People’s Congress Standing Committee (NPCSC) once again started the inspection of patent law enforcement. Under the background that the whole country is implementing the innovation-driven development strategy and building an innovative country, the significance of this law enforcement inspection is extraordinary. Chairman Zhang Dejiang attached great importance to this law enforcement inspection and made important instructions, stressing that "it is necessary to strengthen patent application and
Protection will fully reflect the market value of patents, effectively protect the legitimate rights and interests of innovators, and provide legal protection for implementing the innovation-driven development strategy and building an innovative country. "
In line with this original intention, in the pastfourMoon solsticefive During the month, the the National People’s Congress Standing Committee (NPCSC) Patent Law Enforcement Inspection Team, led by Chen Changzhi, Ji Bingxuan and Chen Zhu, three vice chairmen, and Liu Binjie, chairman of the Education, Culture, Health and Welfare Committee of the National People’s Congress, went to Liaoning, Zhejiang, Anhui, Guangdong and Shaanxi.five Province, the implementation of the patent law on the spot inspection. In the past two months, the inspection team went deep into scientific research institutes, government departments and intermediaries to listen to the difficulties, specific needs, opinions and suggestions encountered by these units in the process of implementing the patent law; Face-to-face communication with patent applicants, business leaders, and scientific researchers to learn about their patent application, application, and protection.
"From the actual situation of inspection, since2008 Since its revision in, the patent law has played an important role in the scientific research development and product upgrading of enterprises, which greatly stimulated the enthusiasm of scientific researchers to apply for patents. Yao Jiannian, member of the National People’s Congress Standing Committee (NPCSC) and vice chairman of the Education, Science, Culture and Health Commission, who participated in the law enforcement inspection, said this in an interview with our reporter. Chen Rui Ai, deputy to the National People’s Congress and chairman of Guangdong Dahuanong Bio-pharmaceutical Company, who also participated in the inspection of law enforcement, said with deep feelings that since the implementation of the patent law, enterprises have dared to innovate and are willing to innovate, so that the whole society can make progress and development from innovation. At the same time, some problems in the implementation of patent law can not be ignored. "The procedures for patent declaration are more complicated and the time for examination and approval is too long; There are too many restrictions on patent implementation and patent transformation; The protection of the legitimate rights and interests of the patentee is not strong enough, which generally reflects that litigation is time-consuming and laborious,’ legally won, economically lost’. " Deputy Chen Ruiai said frankly that these problems show that we need to further strengthen the administrative protection and judicial protection of intellectual property rights. In the opinion of these interviewees, there is still a long way to go before China can realize its magnificent turn from a patent power to a patent power.
Aim at the construction of an innovative country
self2012 Since the new central collective leadership took office in, innovation and patents have been placed at an unprecedented height. The 18th National Congress of the Communist Party of China held this year clearly put forward "implementing the intellectual property strategy and condensing the wisdom and strength of the whole society into innovation and development". A year later2013In 2008, the Third Plenary Session of the 18th CPC Central Committee set the grand goal of comprehensively deepening the reform, pointed out the need to deepen the reform of the science and technology system, and emphasized the need to strengthen the use and protection of intellectual property rights.
Behind the country’s respect for innovation and attention to patents is that the patent system has become a reality that effectively improves the country’s core competitiveness and promotes economic and social development. Many interviewees pointed out that with the in-depth development of knowledge-based economy and economic globalization, the patent system has been integrated into the operational mechanism of the national innovation system, which undertakes the important mission of guiding the adjustment and upgrading of industrial structure, promoting the transformation of development mode and building an innovative country.
?? four 14th of the month Solstice19 Chen Changzhi, Vice Chairman of the National People’s Congress Standing Committee (NPCSC), led the inspection team of the National People’s Congress Standing Committee (NPCSC) Patent Law Enforcement to Zhejiang to inspect the implementation of the law. The picture shows the inspection of Wenzhou Jiangnan Valve Factory. take a photograph/ Dai Xiaoyan
Under the theme of this era, it is self-evident that the National People’s Congress Standing Committee (NPCSC) carries out law enforcement inspection on the implementation of patent law. "Doing a good job of supervision is an important duty of the National People’s Congress Standing Committee (NPCSC)." Vice Chairman Wang Chen pointed out at the first plenary meeting of the law enforcement inspection team that the National People’s Congress Standing Committee (NPCSC) is2006 The implementation of the patent law was inspected in 2000, which played an active and effective role in promoting it and was widely praised by all walks of life, which coincided with the promulgation of the patent law.30 Anniversary, in order to promote the implementation of this important law, the Standing Committee of the current National People’s Congress once again included the inspection of its implementation in this year’s supervision work plan, which fully reflected that the National People’s Congress Standing Committee (NPCSC) attached great importance to patent work. He stressed that this law enforcement inspection is to grasp the theme of how the patent law provides protection and support for implementing the innovation-driven development strategy and building an innovative country on the basis of a comprehensive understanding of the law enforcement situation, focus on the creation, application and protection of patents, conduct in-depth investigation and study, carefully analyze the problems and causes, put forward targeted opinions and suggestions, and urge the law enforcement authorities to solve the problems existing in the implementation of the law, ensure the good operation of the patent system, and provide a more solid foundation for the all-round development of the patent cause.
"This is very consistent with the strategy of building an innovative country." Vice Chairman Yao Jiannian told reporters that the purpose of this law enforcement inspection is to urge governments and judicial organs at all levels to strengthen the protection and management of patents according to law, optimize the innovation environment, promote the creation and application of patents, give full play to the role of the patent system in guiding the adjustment and upgrading of industrial structure and promoting the improvement of innovation capability, and provide a strong legal guarantee for building an innovative country. "To realize the Chinese dream of great rejuvenation, we must rely on innovation to drive transformation and upgrading. Carrying out the inspection of patent law enforcement at this time not only embodies the strategic spirit of implementing innovation-driven development emphasized by the Third Plenary Session of the 18 th CPC Central Committee, but also prepares for the next revision and improvement of the patent law. " Deputy Chen Ruiai said this.
Patent laws and regulations are improving day by day.
arrive2013 By the end of, the effective invention patents in Liaoning Province, an old industrial base, had reached.16092 Number of invention patents per 10,000 people3.67 Pieces, ranking eighth in the country;2013 In, the province’s patent application45996 Piece, authorization21656 Among them, an application for a patent for invention25292 A, ranking ninth in the country, authorized.3830Pieces, ranking twelfth in the country. This set of figures made the the National People’s Congress Standing Committee (NPCSC) Patent Law Enforcement Inspection Team shine at the moment. The inspection team pointed out that in recent years, Liaoning Province has shown many bright spots in implementing the patent law, and the level of patent creation, protection, application and management has been continuously improved, and the number of patent applications and authorizations has increased year by year.
The increase in the number of patents stems from Liaoning’s continuous improvement of patent laws, regulations and policies and in-depth implementation of intellectual property strategy.2013 In, the Standing Committee of Liaoning Provincial People’s Congress passed the Patent Regulations of Liaoning Province. It is understood that this local regulation has made new breakthroughs in many aspects such as patent pledge financing, patent award and inventor title evaluation. "This embodies the concept of promotion and service, and provides the necessary legal basis for further implementing the patent law and further improving the creation, application, protection and management of patents." The person in charge of the relevant functional departments of the local government said that in addition, Liaoning Province has successively issued supporting documents such as "Implementation Opinions on Strengthening Patent Work and Improving Independent Innovation Capability", which has played an important role in enterprise research and development and industrial upgrading.
At the same time, Liaoning has promulgated the supporting laws and regulations of patent law that adapt to its own characteristics, so has Guangdong, which is thousands of miles away, and the pace is faster. The the National People’s Congress Standing Committee (NPCSC) Patent Law Enforcement Inspection Team pointed out that in recent years, Guangdong Province has successively formulated local laws and regulations such as Guangdong Patent Regulations, Guangdong Independent Innovation Promotion Regulations and Guangdong Exhibition Patent Protection Measures, and issued a series of policy documents such as the Twelfth Five-Year Plan for the Development of Intellectual Property in Guangdong Province, the Decision to Accelerate the Construction of a Strong Intellectual Property Province, and Several Opinions on Promoting the Development of Intellectual Property Service Industry. In order to improve the ability of independent innovation and realize innovation,
At the national level, the supporting legal system of patent law is also improving day by day. “2010 In, the State Council made a provision to amend the detailed rules for the implementation of the Patent Law. "The relevant person in charge of China National Intellectual Property Administration said that China National Intellectual Property Administration revised the patent examination guidelines twice, and revised the administrative law enforcement measures for patents, the administrative measures for priority examination of invention patent applications and other departmental regulations; Around the promotion of invention, creation and application, the departmental rules and regulations such as the filing method of patent implementation license, the registration method of patent pledge, and the compulsory licensing method of patent implementation have been revised. At the same time, in order to strengthen the protection and application of patents,27 Provinces (autonomous regions and municipalities) and16 Several large cities have issued local laws and regulations such as patent regulations. It is understood that the patent legal system with patent law as the main body, supporting by supporting administrative regulations and departmental rules, and local regulations as an important part is becoming more perfect.
Patents lead economic transformation and upgrading.
The value of patent lies in its application. This has been vividly interpreted in Zhuhai, the frontier of reform and opening up. From a company’s invention patent "ink cartridge device" to break the monopoly of foreign product patent technology, to a technology company mastering the key core technology of intelligent tablet computer main control chip, it has filled the domestic gap; From Jinshan softwareWPSOFFICE It has become one of the widely used domestic office software in our government, accounting for the market share of provincial government procurement.60%In Gree Electric, we independently developed a series of "international leading" products, such as photovoltaic direct-drive inverter centrifuge system, leading "Made in China" to "Created in China" … A series of product structure and industrial structure optimization and upgrading brought by the application and transformation of patent achievements are being staged here. Talking about this gratifying change, He Ningka, the mayor of Zhuhai, spoke about the patent law. "Promoting the popularization and application of invention patents is one of the legislative purposes of the patent law, and the new patent law is implemented.five Since, we have invested a total of.3937 Ten thousand yuan, supporting the creation, application and industrialization of patents, has effectively promoted the transformation of scientific and technological innovation advantages into the driving force of economic and social development through patents. "
When He Ningka reported to the law enforcement inspection team, he said that from2005 In, Zhuhai implemented the patent technology implementation plan, supporting a number of patented technologies with high technical level and good market prospects to accelerate their transformation into real productive forces every year. end2013 Years, the cumulative project.57 Item, through the implementation of the patent transformation project, new sales.35.1 Billion yuan, profit and tax6.9 100 million yuan, a number of products and technologies with high scientific and technological level and good industrialization effect have emerged.
four moon15 Solstice19 On, Ji Bingxuan, Vice Chairman of the Standing Committee of the National People’s Congress led a team to Guangdong to carry out the inspection of patent law enforcement. The picture shows the investigation of Zhongshan (Lighting) Intellectual Property Rapid Rights Protection Center. take a photograph/ Lv Xianhai
After on-the-spot inspection in Guangdong, Vice Chairman Yao Jiannian said with deep feelings that patents have increasingly become the key factor to enhance China’s scientific and technological competitiveness. Huawei, Gree and other advantageous enterprises with strong patent application ability can maintain their competitive advantage in the international market, and the key lies in their scientific and technological strength, which is reflected in the strong protection of patents. In his view, the implementation and revision of the patent law has strengthened the protection and creation of patents, optimized the innovation environment and enhanced the country’s soft power.
This gratifying change is not confined to Guangdong. Figures from China National Intellectual Property Administration show that,2011 In, the total added value of China’s high patent-intensive industries reached.13.1 Trillion yuan, accounting for a quarter of GDP; Take the 15th China Patent Award as an example,25 Since the date of implementation of the gold medal project.2012 At the end of, new sales.1095 One hundred million yuan;2008 Year’s arrival2013 Annualfive Years, the national realization.3482 A pledge loan project, design13117Total amount of patents and pledges648 100 million yuan, the patent system is becoming a strong support to promote industrial upgrading.
It is still on the road to becoming a patent power.
Implementation of patent law30 In recent years, the number of invention patent applications in China has reached record highs. exist2013 In, this figure reached.82.5 Ten thousand pieces, continuousthree According to the ranking first in the world in, the national per capita invention patent ownership achieved the "Twelfth Five-Year Plan" goal ahead of schedule. Although the figures are beautiful, according to Vice Chairman Yao Jiannian, the number of invention patents granted that truly reflect the core innovation ability of enterprises is still low. "Although we have scientific and technological innovation enterprises that rank among the top in international patent applications, we still have to see that most enterprises, institutions and scientific research institutions still have few key core technology patents." Yao Jiannian said that from the perspective of industry, there is still a big gap between the amount of invention patents granted in China and that in developed countries; From the perspective of enterprises, the number of patents granted by domestic enterprises in China is still at a low level; From the perspective of universities and scientific research institutions, the basic research ability of these institutions, especially the original innovation ability, is still insufficient. In addition, some members of the inspection team admit that there is a big gap between patent rights protection and the market benefits they deserve. "Patent rights protection has the phenomena of difficult proof, long period, low compensation and poor effect." Deputy Chen Ruiai said that patent litigation is also faced with embarrassing situations such as "winning the lawsuit and losing the market" and "winning the lawsuit and losing money". Taking Zhejiang as an example, the inspection team conducted research and discussion in Zhejiang.twelve Home enterprises,six Among the universities and scientific research institutions, there are11 Home enterprises,five Universities and scientific research institutions reflect the ineffective patent protection, and the investigationfive Patent agencies and law firms all reflect the lack of patent protection.
Although Zhejiang Province has done a lot of work in strengthening patent administrative law enforcement and judicial protection, the intensity of patent protection can not meet the needs of the market, which has damaged the innovation enthusiasm of enterprises to some extent.
In this regard, the inspection team pointed out that it is necessary to constantly improve the patent legal system with China characteristics based on national conditions and in line with international rules; Give full play to the supporting role of the patent system in building an innovative country and promoting economic and social development, promote the introduction of patent policies that meet the needs of national industrial restructuring, and encourage enterprises, scientific research institutions and institutions of higher learning to actively apply for and use patents; It is necessary to further improve the patent management system and mechanism, improve the patent protection mode coordinated by judicial and administrative law enforcement, effectively reduce the cost of rights protection, and earnestly safeguard the legitimate rights and interests of patentees; We should adhere to the people-oriented principle, strengthen the construction of patent talents, and vigorously promote the intellectual property cultural concept of respecting knowledge, advocating innovation, honesty and abiding by the law in the whole society. (Text/reporter) Liang Guodong)