To enhance the core competitiveness of the manufacturing industry, it is necessary to start a number of industrial base reengineering projects to stimulate the emergence of a number of "specialized, special and new" small and medium-sized enterprises. In any city's manufacturing industry, "specialization, refinement, and innovation" is a striking intellectual property responsibility. Taking Qijiang District of Chongqing as an example, as of the end of 2021, there were 25 "specialized, special and new" small and medium-sized enterprises in the district, with 59 invention authorized patents, accounting for 25 of the district88%;There are 193 invention patents, 946 utility model patents and 49 appearance patents.
1. How to maintain the difficulties of intellectual property rights in specialized and special new enterprises.
1. The cost of patent application is relatively high.
There are two ways to apply for a patent: electronic filing and paper filing. At present, from 2019 onwards, local patent agencies no longer accept written applications, and all require applications in the form of electronic documents, if the applicant needs to apply in written form, the application documents and other documents should be submitted to the acceptance window of the State Patent Office or sent to the Patent Acceptance Office of the State Intellectual Property Office. Due to the fact that ordinary applicants are not familiar with the patent application process, inconvenient to handle, and do not know how to write patent applications and abstracts of specifications, most of them choose to handle it through patent ** institutions. According to statistics, in 2020, a district applied for 1,019 new patents of various types, of which 280 were applied by enterprises (individuals, scientific research institutions, and other entities), accounting for 2748%;739 applications were made through patent institutions, accounting for 7252%。It is understood that the cost of applying for patents through formal patent institutions is relatively high, with 4,000-5,000 yuan for invention patents, 1,800-2,500 yuan for utility model patents, and 600-800 yuan for appearance patents.
Enterprises (individuals, scientific research institutions, other entities) independently apply for patents are very limited, and they often choose "black**" and "black**" that do not have the best qualifications but charge relatively cheap fees because they are not bound by responsibility, cannot be connected to the State Intellectual Property Office system, and there is no quality assurance for the relevant documents that need to be drafted to apply for patents. The purpose of obtaining a patent certificate solely on the basis of "successful application" may result in the lack of quality of the claims and other relevant documents in the certificate, resulting in the failure to achieve the purpose of truly protecting the intellectual property rights of the enterprise.
2. It takes a long time to apply for a patent.
The patent application procedure is relatively complex, and the invention patent application needs to be accepted in five stages: acceptance, preliminary examination, publication, substantive examination and authorization; Utility model patents or design patents do not need to be published and substantively applied for in the examination and approval, and only need to go through three stages: acceptance, preliminary examination and authorization. Applying for an invention patent cannot be done "once and all of them are completed".
If the State Patent Office finds that the application for invention does not comply with the relevant provisions of the Patent Law after conducting a substantive examination, the applicant shall also state its opinions or amend the application within the prescribed time limit, otherwise the application shall be deemed to be withdrawn. If the State Patent Office finds that it meets the relevant requirements of the Patent Law after preliminary examination, it shall publish it within 18 months from the filing date. Under normal circumstances, it takes 2 and a half to 3 years from the application to the grant of an invention patent, and the shortest is one and a half years. The application time is long and the pass rate is low.
For example, a "little giant" enterprise submitted two invention patent applications on December 18, 2015, which were accepted by the State Intellectual Property Office on December 21, 2015 and rejected on October 8, 2018, with an examination time of nearly three years. Referring to this case, if an enterprise successfully develops a product, it will take 3 years to determine the success or rejection of approval, which will cause a great obstacle to the technological innovation of "specialized, special and new" small and medium-sized enterprises. At present, the development of social science and technology is changing with each passing day, and if "specialized, special and new" small and medium-sized enterprises cannot keep up with the pace of market development, they will face the danger of being eliminated.
3. The annual fee for patent maintenance is relatively high.
After the patent is granted, it is necessary to pay an annual fee every year, regardless of whether it is converted into a product or not, and the longer the term, the higher the fee. For example, the annual fee for invention patents is 900 yuan per year for 1-3 years and 8,000 yuan per year for 16-20 years; The annual fee for utility model and design is 600 yuan per year for 1-3 years and 2000 yuan per year for 9-10 years. The annual fee is not a small burden for the patent applicant that has not been converted into a product, and if the annual fee is not paid continuously, the patent will become invalid. A company in Chongqing failed to pay patent maintenance fees on time due to personnel changes, resulting in the invalidation of two invention patents, and the company failed to successfully declare itself as a "specialized, special and new" enterprise, which adversely affected the development of the enterprise.
4. Patent pledge financing is difficult.
The role of intellectual property pledge financing in promoting the development and growth of "specialized, special and new" enterprises has become increasingly prominent. Some "specialized, refined, special and new" enterprises with financing needs are unclear about how to do intellectual property pledge financing, who to look for, and what preferential policies they have, while financial institutions that carry out intellectual property pledge financing business cannot grasp the value of intellectual property rights and credit needs of enterprises in a timely manner. This kind of information communication barrier leads to the inability of enterprises and financial institutions to cooperate effectively, and the progress of intellectual property pledge financing is relatively slow.
At the same time, due to the lack of support from financial institutions, the weak awareness of enterprises to carry out intellectual property pledge financing, and the difficulty in assessing the value of intellectual property, the high appraisal, the difficulty in cashing, and the instability of value, the difficulty of patent pledge financing loans has been further increased.
Original text: Second, how does Huaxia Tyco help specialized and special new enterprises.
1.According to the company's own situation, Huaxia Tech suggests that enterprises choose more suitable and helpful intellectual property rights, and spend money on the blade, in addition, Huaxia Tech can maximize the enterprise to get the invention patent certificate, save time and effort, and save costs for the enterprise.
2.Huaxia Tech has a fast application channel, and enterprises can apply for invention patents within 3 months at the earliest, so as to prevent the loss of independent intellectual property rights of enterprises and accelerate the development of enterprises.
3.Huaxia Tech has a huge library of projects and capital matching projects, and enterprises can apply for invention patents with a series of preferential policies, similar to intellectual property advantage enterprises, demonstration enterprises, China patent awards, etc.
Huaxia Tyco has 17 years of experience in project declaration, tens of thousands of successful cases, and a professional team to provide guidance to one, and enterprises can contact us.