1. First of all, let's first understand the composition of the high-tech enterprise scoring items, in which intellectual property rights account for 30 points in the high-tech enterprise, and the total score is greater than 70 points.
2. Secondly, let's look at the validity of intellectual property rights
1) Registration requirements: must be authorized or approved in China.
2) Validity period requirements: within the effective protector of Chinese law (the validity of the patent shall be subject to the authorization certificate or authorization notice obtained by the enterprise before applying for recognition and the payment basis can be provided).
3) Ownership of intellectual property rights: The owner of intellectual property rights shall be the applicant enterprise (when there are multiple owners of intellectual property rights during the application for high-tech enterprises and the duration of high-tech enterprise qualifications, only one owner can use them at the time of application.) ）
3. Then, let's understand what is intellectual property rights, what is patent rights, and the difference between the two
Intellectual Property: Covers patent rights, which are a type of intellectual property. Intellectual property is an intangible property right, which is a certain achievement of human beings after engaging in intellectual creative activities, and is a right enjoyed in accordance with the law after being recognized by intellectual property law. Common intellectual property rights include patent rights, exclusive rights to use trademarks, and copyrights.
PatentsIt refers to an invention-creation protected by patent law, that is, patented technology, and is a kind of proprietary technology that is recognized by the state and legally protected on the basis of disclosure. In China, patents are divided into three types: invention, utility model and design.
The characteristics of patent rights are as follows:
1) Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the filing date.
2) Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantive features and progress.
3) Utility means that the invention or utility model can be manufactured or used and can produce positive effects.
The main scope of intellectual property:
1) Copyright and neighboring rights.
2) Patent right, that is, the exclusive right to exploit inventions, utility models and designs enjoyed by natural persons, legal persons or other organizations within a certain period of time in accordance with the law.
3) Trademark rights, that is, the various rights enjoyed by the trademark registrant or the successor of the right to the registered trademark within the statutory time limit.
4) Trade secret rights, that is, the exclusive rights enjoyed by civil subjects in accordance with the law for technical information or business information that are trade secrets.
5) The right to new plant varieties, that is, the exclusive right to use the varieties authorized by the unit or individual that has completed the breeding.
6) The right of layout design of integrated circuits, that is, the exclusive rights enjoyed by natural persons, legal persons or other organizations in accordance with the law for the layout design of integrated circuits.
7) The right of the trade name, that is, the exclusive right of use of the trade name enjoyed by the commercial entity within a certain geographical scope in accordance with the law.
Finally, if the number of patents is not enough, don't worry, follow the steps above to see if there are other intellectual property rights that can be replaced.
Note: Class I intellectual property rights can only be used once when applying for high-tech enterprises.
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