The "Guidelines for the Management of High-tech Enterprise Identification" clearly points out:Enterprises that do not possess intellectual property rights cannot be recognized as high-tech enterprises. In the evaluation of enterprise innovation ability, intellectual property rights account for 30 points (out of 100 points), which is an important indicator for enterprises to be recognized.
However, not all intellectual property rights can be used for high-tech enterprise declaration
Let's focus on itWhat intellectual property rights are available? What intellectual property rights cannot be used? What issues should be paid attention to when using intellectual property declarations......
01 What intellectual property rights are available?
In the declaration of high-tech enterprises, the intellectual property rights that can be used are divided into:class and class intellectual property。Intellectual property rights: mainly refer to invention patents (including national defense patents), exclusive rights of integrated circuit layout design, new plant varieties, national crop varieties, national new drugs, national first-class protected varieties of traditional Chinese medicine, etc. Quasi-intellectual property rights: mainly refers to utility model patents and software copyrights (excluding trademarks). Although the class includes design patents, the subjective evaluation score in the actual evaluation is very low, so it is not recommended to focus on design patents.
02 What intellectual property rights cannot be used?
(1) Must the intellectual property rights used in the application for high-tech certification be authorized? A: Yes. All the intellectual property rights used by the company when applying for the high-tech certification must be in the authorized state, otherwise the identification will fail due to non-compliance.
(2) Can the intellectual property rights in the application be used to declare high-tech?
A: No, you cannot! When the high-tech is determined, the intellectual property rights are mainly counted as the intellectual property rights that have been authorized or obtained the knowledge certificate, and other stages such as the application acceptance, substantive examination stage, and authorization unpaid stage are not included in the score.
Therefore, in the process of preparing high-tech intellectual property rights, enterprises must pay attention to calculating and paying attention to the time for intellectual property approval and authorization, plan reasonably, and apply in advance.
(3) Can the authorized intellectual property rights obtained before the declaration be used for the identification of high-tech enterprises in the year of declaration?
Answer: It is not recommended to use the intellectual property rights that are issued in the current year of declaration. It should be noted that notices have been issued in many places that the intellectual property rights authorized in the current year (including those transferred in some regions) cannot participate in the identification and evaluation of high-tech enterprises in the current year.
(4) Can the international patent applied by the company be used when applying for high-tech certification?
A: No, you cannot! The Guidelines for the Administration of the Identification of High-tech Enterprises stipulate that the intellectual property rights referred to in the high-tech identification must be authorized or approved within the territory of China, and within the effective protection period of Chinese law.
(5) The ownership of intellectual property rights belongs to individuals, can it be used when applying for high-tech certification?
Answer: The owner of the intellectual property rights used in the high-tech identification must be the enterprise, and if the ownership of the patent belongs to the individual, the patent can be transferred to the company's name before the declaration.
At the time of high-tech identification, the enterprise must have obtained the ownership of the patent, and the ownership transfer certificate issued by the State Intellectual Property Office must be uploaded.
(6) After the company's intellectual property rights have been used once, can they still be used in the future declaration?
Answer: The quasi-intellectual property mentioned above can be reused many times, but the advanced nature of multiple use will be reduced, and the score will also be reduced; Intellectual property, limited to one use.
(7) When the company's intellectual property rights have multiple owners, can company B still use them after company A has used them?
A: No, you cannot! During the period of application for high-tech recognition and high-tech enterprise qualification, when there are multiple owners of intellectual property rights, only one owner can use them at the time of application; And when using, it is necessary to provide the other owners to give up the use of their declaration of high-tech certification documents.
03 What are the precautions?
At the end of writing, there are a few precautions I would like to remind corporate friends to try to avoid this kind of problem!
Suggested avoidance points
The core intellectual property rights are obtained by transferIf most of the intellectual property rights of the enterprise are obtained by transfer, especially the core independent intellectual property rights obtained by transfer, the enterprise will not score high in the indicator of "how to obtain intellectual property rights" (up to 6 points).
There is a mismatch between the time of intellectual property declaration and the progress of R&D projectsIn the application materials of some enterprises, the declaration time of intellectual property rights as project results is earlier than the time of project establishment, or seriously later than the acceptance or conclusion time of the R&D project, resulting in illogical materials.
All intellectual property rights are authorized software copyrights in the year of applicationAccording to the relevant provisions of the state, if the intellectual property rights of the newly declared enterprise are all the authorized software copyrights of the year of application, they do not meet the conditions for the recognition of high-tech enterprises, and the enterprises with such circumstances shall not be recommended to report.
After understanding which intellectual property rights can be used for the declaration of high-tech enterprises, the next step is how to get a high score in the intellectual property section?
Regarding the scoring strategy of this sector, share the 2024 high-tech enterprise identification - intellectual property scoring strategy in dry goods! It has been shared in this article, and interested business friends should click to view itFinally, if your company wants to apply for a high-tech enterprise in 2024, in this process, if you have any questions, please feel free to consult, we will provide you with professional guidance and comprehensive services.