Implementation rules of the patent law: improving the threshold of authorization

This reporter Steir reported the revised "PRC patent Law Implementation Rules" today formally implemented.　　The new "Implementation rules of the patent law" will have any impact on China's science and technology enterprises, the reporter recently interviewed a number of industry insiders. From "relative novelty" to "absolute novelty" the threshold of patent authorization is higher, it is learned that the implementation of the rules of the patent law is one of the purposes of modification, is to cooperate with the "PRC patent law" modification. The revised "patent law" in the clear on the absolute novelty, the prohibition of duplicate authorization, design patent application shall be provided with a brief description, similar design application, priority, patent right evaluation report, invalid declaration procedure and the reward and remuneration of the inventor or designer of the invention of the job, and so on, in the new　　The implementation of the rules of the patent law will really come into reality, in which enterprises are most concerned about the content of absolute novelty.　　Beijing Collection Jia Intellectual Property Agency limited agent Jiang Yimin said that the revised "patent law" and "the implementation of the patent law", broadened the scope of existing technology coverage, improve the patent licensing standards. "This means that it will be more difficult for companies to obtain patents than in the past.　　Jiang Yimin said that from the "relative novelty" to "absolute novelty", this change will have a certain impact on most domestic enterprises, but this is the social development and technological progress inevitable. "To the Enterprise Patent Application Director also put forward higher request."　　Jiang Yimin said that from the revised "patent law" and "the implementation of the patent law" formal implementation of the commencement of the enterprise to adapt to the changes in the law, in the application of patents in accordance with the absolute novelty of the criteria for retrieval, to improve the novelty of their patent application standards.　　Jiang Yimin that for multinational companies, because of their market throughout the world, it should be able to adapt to the revised rules of the implementation of the patent law more quickly.　　In the interview, the reporter learned that at present, some large enterprises in the patent owners have begun to learn the revised "patent Law implementation Rules", and more small and medium-sized enterprises responsible for this is not understood. "Genetic Resources" source of the full disclosure of bio-medicine and other enterprises more influential reporters in the National Intellectual Property Office to interview the relevant responsible person learned that, for the rapidly changing High-tech industries, such as it, biomedicine, environmental protection and energy-saving industries, the patent law and the implementation rules of the patent law are more important,　　The impact will be relatively large. "These industry companies should also pay more attention to the reform of the patent system."　　The person in charge said that the industry itself is developing rapidly, changing quickly, innovating a lot, and the community is concerned about the high level, so the dependence on the patent system is stronger.　　State Xinyang Patent and Trademark Agency Co., Ltd. patent agent Tri Hua said the changes have a greater impact on bio-pharmaceutical Enterprises, "the revised rules on the implementation of the patent law provides for the disclosure of genetic resources source information." The head of the State Council's Legal Affairs Office said that the patent for the application of inventions on genetic resources should indicate the source of genetic resources and modifyRules on the implementation of the patent law define the definition of "genetic resources" in accordance with the Convention on Biological Diversity: "Genetic resources" refers to materials that contain genetic functional units and have actual or potential value from humans, animals, plants or microorganisms.　　At the same time, considering that some inventions, although using biological resources, but did not use genetic function, should not fulfill the disclosure of genetic resources information obligations, "the implementation of the rules of patent law" to "rely on genetic resources to complete the invention" defined as the use of genetic resources to complete the genetic function of inventions.　　In addition, the patent Law implementation rules provide for the disclosure of information on sources of genetic resources: patent applications for inventions that rely on genetic resources, and applicants should be described in the petition.　　Tri Hua said the change is a new requirement for biopharmaceutical companies and a new challenge for patent applicants.　　Simplified procedures to obtain patents more convenient the reporter learned from the state intellectual Property Office that "the amendments to the Patent Law implementation rules, many of the content of the enterprise is very beneficial to simplify the patent application procedures, speed up the review of authorization to facilitate the protection of patent rights". The official of the State intellectual Property Office said that the amendment of the Patent Law implementation rules was first to cooperate with the amendment of the patent law, and secondly to enable the applicant to obtain the patent right as conveniently as possible.　　He said that the revised "Rules on the implementation of the patent law" on patent Application, review, Authorization, review, invalid procedures have been perfected, so that China's patent system more reasonable, more smooth operation. 31st of the amended Patent Law Implementation rules stipulates that: "The applicant in accordance with the provisions of article 30th of the patent law requires foreign priority, the applicant submitted a copy of the prior application documents should be certified by the original receiving body." In accordance with the agreement signed between the Patent Administration Department of the State Council and the receiving body, the Patent Administration Department of the State Council obtains a copy of the preceding application document through electronic Exchange, as the applicant submits a copy of the prior application document certified by the receiving body. "Under this provision, if the patent Office has obtained a copy of the online application document through a more convenient means, there is no need to require the applicant to submit, which reduces the cost and burden of the applicant."　　The reporter found that this amendment to domestic enterprises, especially the domestic enterprises that require more foreign priority, can save a lot of energy and manpower input. Reduce fees and charges to promote patent innovation "The revised rules on the implementation of the patent law will reduce the cost of enterprises to apply for patents."　　"Tri Hua said. The amended regulations on the implementation of the patent law provide for the following three systems and measures: first, to reduce the relevant fees and charges.　　In order to lighten the burden of the Parties, the amended rules of the patent law abolished the request fee for suspending the procedure, the request fee for compulsory license, the decision request for compulsory license, the application for maintenance fee, etc. four items. The second is to relax the restrictions on the priority of the parties. The amended Code of Practice of the patent law relaxes the parties to the restriction of priority, writing in the request, omitting the application date, application number orOne or both of the names of the original institutions, if corrected within a specified period of time, shall not affect their entitlement to priority. The third is to improve the system of reward compensation for job invention. The amended rules on the implementation of the patent law stipulates that the rewards and remuneration of enterprises and institutions to inventors or designers shall be dealt with in accordance with the provisions of the relevant financial and accounting systems of the state. If the unit granted the patent right has not agreed with the inventor or the designer, nor has it stipulated the reward method and amount in its regulations, it shall issue the prize to the inventor or designer within 3 months from the date of the patent notice. A patent for invention has a minimum bonus of not less than 3000 yuan, and a utility model patent or design patent has a minimum bonus of not less than 1000 yuan.　　The scope of application of this statutory standard extends from the original state-owned enterprises to all units. The head of the State Council's legal Office said this will promote the development of China's patent business.