The State Intellectual Property Office further strictly regulates patent applications, and 60% of the reported abnormal patent applications have been withdrawn voluntarily

          Recently, the State Intellectual Property Office has informed the intellectual property administration departments of various regions about abnormal patent applications not for the purpose of protecting innovation, according to the patent law, some regulations on regulating patent application behavior and other laws and regulations. As of the morning of March 17, 60% of the abnormal patent applications reported in this circular have been withdrawn by the applicant.

          Since the reform and opening up, the cause of intellectual property in China has been developing and growing, becoming a country with intellectual property right, which provides strong support for the development of national economy and society. However, some applicants, ignoring the high-quality development requirements, submitted a number of abnormal patent applications not for the purpose of protecting innovation. Such abnormal patent applications are seriously against the original intention of the patent system. If they enter the examination procedure, they will not only cause the waste of administrative resources, but also cause the bad effect of "bad currency expelling good currency" in the field of intellectual property, seriously frustrate the public enthusiasm for innovation, damage the reputation of intellectual property rights in China and infringe on the social and public interests.

         In order to firmly implement the new development concept put forward by the Party Central Committee, implement the high-quality development requirements and further combat abnormal patent applications, in 2017, the State Intellectual Property Office revised the provisions on regulating patent application and issued it in the form of order No. 75 of the bureau to increase the identification of the conduct and strengthen the handling. According to the regulations, the State Intellectual Property Office respectively informed the local authorities of two batches of abnormal patent application clues at the end of 2018 and early 2019, of which 92% of the applications were withdrawn actively, 7% of the applications were deemed to be withdrawn or rejected, and the remaining 1% were under the review procedure after the applicant stated their opinions and approved by the State Intellectual Property Office. In 2020, the State Intellectual Property Office will continue to conduct the investigation of abnormal patent applications.

         Since this year, in order to further standardize patent application, severely crack down on abnormal patent applications not aimed at protecting innovation, and promote the transformation of China from a big country that has introduced intellectual property to a country that creates intellectual property rights, and the work of intellectual property has changed from pursuing quantity to improving quality. On January 27, the State Intellectual Property Office issued to the local intellectual property administration on further strict requirements The notice regulating patent application behavior (hereinafter referred to as "notice") requires the local intellectual property management departments to cooperate with the special renovation of abnormal patent applications that are not aimed at protecting innovation, and clarifies the measures that the intellectual property management departments should take in response to such application. According to the notice, the State Intellectual Property Office informed all over the region about the investigation of abnormal patent applications at the end of February. The relevant applicants and agencies have withdrawn their initiative, and achieved the expected results.

        In order to ensure the fair and credible results, the State Intellectual Property Office has established a special working group to clarify the screening standards. Through the combination of computer-aided screening and manual verification, comprehensive screening, careful screening and prudent decision are made. After the screening is jointly checked by several relevant departments, the notice opinions on abnormal patent applications not for the purpose of protection and innovation are put forward. Through the working channel The local intellectual property management department shall be issued by Dao.

        In recent years, the State Intellectual Property Office has always deployed and promoted the standardization of patent application as a key work. Taoxinliang, honorary Dean of the Institute of intellectual property of Shanghai University, said that the State Intellectual Property Office will promote the creation of a clean and positive industrial environment, realize the legislative purpose of encouraging real innovation activities of patent law, comprehensively improve the quality of patents, and lay the foundation for realizing the "14th five year plan" and the vision goal of 2035. Gaoyongyi, Secretary General of Beijing Patent Agency Association, said that the State Intellectual Property Office further strictly standardizes patent application behavior, and "makes clear the source" for patent application, and severely attacks abnormal patent applications that are not aimed at protecting innovation from the source. This is a great benefit for truly innovative enterprises and agencies that can truly serve enterprise innovation.

       On March 11, on the basis of full consultation and careful research and demonstration, the State Intellectual Property Office issued the measures on standardizing patent application (hereinafter referred to as the measures), which refined the definition of various abnormal patent application behaviors, clarified the examination and centralized batch processing procedures for such applications, and related legal remedies.

       Next, the State Intellectual Property Office will continue to do the follow-up work with the local intellectual property management departments, take various measures and work together to strengthen the crackdown on abnormal patent applications. For patent applications that are not withdrawn in time and in the follow-up notice, they will be further required to stop the relevant acts in accordance with the measures and withdraw the relevant patent applications voluntarily within the specified period. If the applicant is not satisfied with the preliminary determination of abnormal patent application, he / she may state his opinions within the specified period and submit sufficient supporting materials, and submit it to the State Intellectual Property Office after being summarized by the local intellectual property administration department. After the applicant has stated his opinions, the State Intellectual Property Office may reject the relevant patent application according to law or refuse to approve the application for handling relevant legal procedures if it still considers it to be an abnormal application for patent as mentioned in the measures. If the applicant is not satisfied with the above decision of the State Intellectual Property Office, he may seek relevant legal relief according to the measures.

       Meanwhile, the State Intellectual Property Office will further improve the normalization working mechanism to combat abnormal patent applications, regularly inform or publish abnormal patent application data not for the purpose of protecting innovation, and strengthen supervision; carry out the special rectification action of "blue sky" in depth, strengthen the positive guidance to the professional agent industry, and strengthen the crackdown on the illegal and illegal acts of patent agents; push forward The rules for the implementation of the law of mobile patent are revised, and such application acts will be incorporated into the credit supervision of intellectual property rights as dishonesty according to law, and a positive industrial environment will be created, the quality of applications will be improved and the powerful intellectual property power will be built. (reporter sundi)