Chapter VI Patent Administration

In 2003, the patent administration was further strengthened.

1. The Work in the Model Zones for Implementing the IP System

On the basis of last two years'successful pilot work, the Zhongguancun National Model Zone for Implementing the IP System was launched in 2003. Up to now, 5 model zones have been established. The work related to model zones in 2003 included: first, formulating and promulgating the Working Plan of Zhongguancun National Model Zone for Implementing the IP System and the Working Plan of Baotou Rear-earth New Hi-tech Industry Model Zone of the IP System; second, organizing Wuhan -- China Light Valley Intellectual Property Protection Forum with Wuhan Municipality, Yangling Agricultural Intellectual Property Protection Forum with Shaanxi Provincial Government, and Changchun Pharmaceutical Intellectual Property Forum with Changchun Municipality, which evoked good social repercussions; third, carrying out IP consultation and information service activities, organizing researches on patent strategies and policies, providing training and formulating related rules and regulations, which positively promoted enterprises and institutes in taking better advantages of the IP system.

 

Deputy Commissioner Zhang Qin (R2) and Beijing Vice Mayor Fan Boyuan open the Zhongguancun State Intellectual Property System Model Park.

2. Special Database Construction

First, improving the IP information construction of Yangling Agricultural Intellectual Property Information Center and China Light Valley; Second, launching the China Petroleum and Chemical Patent Information Platform and its website, Changchun Chinese Pharmaceutical Intellectual Property Information Center and its website, and Jinan Digital Machine Tool and Heavy Forging Equipment IP Information Database, and providing service; Third, laying out the foundation for the Shenyang Patent Information Database of the Equipment Production Industry and Chongqing Motorcycle IP Information Center.

3. Patent Administration Work Related to Other Ministries and Commissions

Patent administration work related to other ministries and commissions in 2003 were carried out as follows: first, promoting relavant trades and departments to formulate the IP Administration Regulations, such as together with the Ministry of Construction, promulgating the Guidance on Intellectual Property Protection and Administration regarding Engineer Exploration, Design and Consultancy, participating the formulation of the Rule for the Intellectual Property Administration in the Area of Communications (provisional) by the Ministry of Communications; second, cooperating with the Ministry of Science and Technology to carry out research on IP strategies in milk industry and water-saving agriculture; third, assisting the State Commission of Science, Technology and Industry for National Defense carried out research on IP policies and strategies in related fields according to the developing needs of trades; fourth, taking part in the coordination mechanism established by the Ministry of Commerce and the State Environmental Protection Administration to coordinate on those problems related to patent. The communication between SIPO and relative trades and departments was strengthened through all the work.

4. Patent Pilot Cities

In 2003, according to the Guide on Promoting Patent Pilot Work in Cities Strong at Technological Innovation, the SIPO formulated the Appraisal Standards on Patent Work (revised) to be implemented in patent pilot cities in order to fairly, scientifically and objectively judge their work and to reflect their competitiveness and innovation capability in the aspect of their patent work. The SIPO also printed and circulated the Notice of Opinions on Applying for Patent Pilot City, which further defined the emphasis of patent pilot work according to current and actual situation. The SIPO required all patent pilot cities to report their statistics and made appraisal on them and reviewed new applications for pilot cities according to the Appraisal Standards on Patent Work (revised). A mature and sound working mechanism on patent pilot cities had been established. Under the direction of the SIPO and supported by the local leaders, patent pilot cities scored great achievements. They are: first, the IP awareness in patent pilot cities was obviously enhanced and the consciousness of using patent system to promote technological innovation in enterprises, universities and research institute was improved; Second, patent pilot cities improved the IP administration system and set up a coordinated mechanism of patent, economic and scientific administrations through local legislation; Third, all patent pilot cities established their respective leading group headed by competent Mayor, listed the IP work on the agenda of the local government, and started to bring the IP work into the scientific and economic appraisal system; Fourth, the IP administration system in pilot cities was further strengthened, such as establishing IP coordination system; Fifth, the IP protection in pilot cities was enhanced. The strengthened IP administrative enforcement played an important role in regulating economic and market order and paved the way for carrying out all kinds of pilot work; Sixth, most pilot cities established the mechanism to encourage inventors to obtain IPRs. Patent applications and granted patents increased greatly comparing with those before the pilot work, while the proportion of the patents for inventions in the three kinds of patents increased obviously; Seventh, some pilot cities started to promote their local patent strategies combining their local advantages and optimizing scientific and innovative resources. Patent pilot work would play a more and more important role in the overall IP capacity building of large and medium-sized cities.

In 2003, the pilot cities approved by the SIPO were Changsha, Suzhou, Wuxi and Dalian. By the end of 2003, there have been a total of 28 patent pilot cities across the country.

5. Patent Pilot Work among Enterprises and Institutes

In 2003, the SIPO reviewed the work relating to the first group of national patent pilot cities and hope to promote the development of the pilot work of the state-owned enterprises and institutes through drawing experiences on the pilot work and formulating policies and strategies to direct the national patent pilot work. At the common efforts of local IP offices and pilot enterprises, the SIPO promulgated the Notice of Experience of Review of the First Group of National Patent Pilot Work of Enterprises and Institutes, the Appraisal Form of Patent Pilot Work, the Guidance of Patent Administration of Pilot Units, the Notice on the Review Results of the First Group of National Patent Pilot Work of Enterprises and Institutes and etc., based on the Measures on Enterprises' Patent Administration, the Notice of Initiating the First Group of National Patent Pilot Work of Enterprises and Institutes, the Notice on Carrying Out the National Patent Pilot Work of Enterprises and Institutes, and the Notice of Circulation of the Speeches of Commissioner Wang Jingchuan and Vice Chairman Xie Xuren at the National Patent Pilot Work Conference of Enterprises and Institutes, promulgated before.

 State Large-sized Companies IPR Workshop.

The SIPO organized training courses and provided money, experienced personnel and books to support local IP offices to carry our training activities.

On the basis of the successful achievements scored by the first pilot group, the SIPO decided to carry out the second patent pilot group of enterprises and institutes in October 2003.

6. Intangible Assets Evaluation

To regulate the current patent evaluation market, the SIPO invited several domestic experts to formulate the Guidance on Patent Evaluation and other documents. At the beginning of 2003, it was finalized and recognized by the Ministry of Finance.

7. Research on Patent Strategies of Enterprises

In 2003 some local IP offices started to prepare for the draft of Research on Patent Strategies of Enterprises.

8. National Patent Implementation and Industrialization

Review on the promotion of the Model Projects of Patent Industrialization. In 2003, the SIPO circulated the Notice on the Review of the Model Projects of Patent Industrialization. A total of 73 model projects of the second phase accomplished all the targets and aims for the model projects and were under the review and appraisal. In line with the new situation and requirements faced by the national patent work, the SIPO carried out review and appraisal work on those model projects.

Pilot work of the National Patent Industrialization Project. To promote the establishment of the promotion mechanism and platform for the implementation and industrialization of patents, the SIPO approved the National University Park of Science and Technology in Nanjing Science and Engineering University, Jiangsu Chinese Traditional Medicine Laboratory Base, and Henan Patent Incubation Center. Plus Hubei Provincial Incubation Park for Starting New Business Relying on Patents, Ningxia New Material Industry Science and Technology Park, and Jiangdong New Business Initiating Center of Ningbo City were approved in 2002, 6 national pilot bases of patent industrialization were approved. All the 6 bases were under the direction of the SIPO and made great achievements through positive work.

9. Patent Administration on Domestic Markets

Registration of patent mortgage contracts: in 2003, SIPO received a total of 60 registrations, modifications and cancellations of mortgages on patent rights, among which there were 55 registrations, 1 cancellation, 3 incompatible registrations, and 1 undergoing registration..

Recordings of patent licensing contracts: in 2003, A total of 1,000 recordings of patent licensing contracts were registered in the whole country, among which 301 were registered directly within SIPO, while over 700 were registered at local IP administrations. On the basis of the publication of the recordings of patent licensing contracts initiated in 2002, a special column of search was launched at the website.

Issuance of certificates for advertisement of patents: in 2003, 59 certificates were directly issued for advertisement of patents by SIPO.

10. National Patent Exhibitions

SIPO organized and attended the 2003 China-Yangling Fair on Agricultural New Hi-tech Achievements and successfully organized 20 provinces, autonomous regions and municipalities directly under the leadership of the Central Government to exhibit more than 150 items, which were high technologies and owned independent IPRs with well-known reputation. The SIPO was honored with many Awards for its outstanding performance at the exhibition. During the exhibition, a total volume of 620 million RMB for all kinds of contracts and agreements were signed.

The SIPO was one of the major organizers of the 2003 China International Fair on Scientific and Technological Industry held in Beijing. During that period, SIPO successfully organized the International Intellectual Property Forum. In addition, SIPO also successfully organized the 2003 International Trading Fair on New and High Technologies in Liaoning, the 2003 China-Hefei Trading Fair on New and High Technologies, and the National Exhibition Fair on Patented Technologies in Qufu, Shandong.

During the Yangling Agricultural New and High Technologies Fair, Wuyun Qimuge (R3 in the front) Vice Chairman of the Standing Committee of the National People's Congress, Li Jianguo (R2 in the front), Secretary General of Shaanxi Province listen to the introduction of agricultural IPR development from Deputy Commissioner Zhang Qin (R1 in the front).

   

First ever IPR auction at the Yangling Agricultural New and High Technologies Fair.

During the Liaoning International Patent Technology Product Fair, Commissioner Wang Jingchuan, Liaoning Vice Governor Teng Weiping (L4 in the front), listen to introductions from exhibition attendants.

11. Selection of National Patent Awards
In 2003, the SIPO successfully accomplished the selection of National Patent Awards. During the selection period, the SIPO received a total of 255 candidates recommended by the ministries and commissions of the State Council, large corporations, local IP administrations, China Science Institute and China Engineering Institute. Those candidates were first reviewed by the Appraisal Office and then by different professional groups, such as mechanics, electrology, chemistry, physics and industrial designs. According to those appraisal opinions, the Appraisal Committee would select different Patent Awards and then publish them to the public for opinions. If there were no opposition, those Awards would be determined.

Compared with the selections before, this round of Chinese Patent Awards gave priorities on those patents in new and high-tech fields and emphasized on the originality of inventions and creations. A total of 13 Chinese Patent Gold Awards were selected and jointly issued by the SIPO and the WIPO, among which 11 were patents for inventions and 2 for utility models. In addition, 94 Excellence Awards were selected.

12. Authorization of Local Patent Filing Branches
According to the Methods on Application for Establishing Patent Filing Branches, the SIPO approved the establishment of patent filing branches in Chongqing, Kunming and Beijing in 2003. The total number of patent filing branches reached 17 by the end of 2003.

2013-07-17