Can high tech enterprises identify appearance patents as available?

Hello, glad to answer for you!

According to the "Administrative Measures for the Identification of High-tech Enterprises".

Accreditation requirements in :

The second of these contains:"Through independent research and development, transfer, donation, mergers and acquisitions, etc., enterprises obtain the ownership of intellectual property rights that play a core supporting role in the technology of their main products (services)."Therefore, high-tech enterprises must have intellectual property rights to declare, otherwise they will be vetoed by one vote!

The reason why there is a requirement for patents is that the intellectual property part of the high-tech assessment contains the scoring part. That is, after meeting the basic requirements, it will enter the review for scoring, with a full score of 100 points and a passing score of 70 points. The higher the score, the easier it is to pass the certification.

100 points contain:

1.30 points for intellectual property;

2.30 points for science and technology transformation;

3.20 points in R&D management;

4.20 points for financial growth.

The scoring of intellectual property rights is composed of several aspects, such as the type, quantity, advancement, relevance with the main products, and the way of obtaining the intellectual property. The specific criteria are:

Type and quantity of intellectual property rights (8 points): invention patents.

It is called Class 1 intellectual property rights, utility model patents.

Software copyrights are referred to as Class 2 intellectual property rights. 1 or more Category 1 intellectual property is scored 7-8 points, 5 or more Category 2 intellectual property rights are scored 5-6 points, 3-4 Category 2 intellectual property rights are scored 3-4 points, 1-2 Category 2 intellectual property rights are scored 1-2 points, and 0 intellectual property rights are awarded 0 points. It can be seen that no matter how many utility models there are, they cannot get full marks in this regard.

Technological advancement (8 points): 7-8 points for high degree of advancement, 5-6 points for high, 3-4 points for general, 1-2 points for low, 0 points for no advancement. In this standard, invention patents have obvious advantages.

However, there are indeed some patents with relatively high technical nature, because their own technical characteristics can only be applied for utility models. Therefore, it cannot be absolutely assumed that invention patents must be more advanced. On the contrary, when the number of utility model patents is large enough, the probability of patents with a high degree of advancement is greater.

Relevance (8): i.e. the role that IP plays in the product. 7-8 points for strong correlation, 5-6 points for strong correlation, 3-4 points for general, 1-2 points for weaker, 0 points for no correlation.

Here, invention patents do not have an advantage. On the contrary, the greater the number of utility model patents, the greater their relevance to the main products.

Methods of obtaining intellectual property rights (6 points): independent research and development: 3-6 points, transfer or M&A: 1-3 points. It has nothing to do with the type and quantity of intellectual property.

Judging from the scoring criteria, the appearance patent is not completely useless, but it does not have much effect on the scoring of intellectual property rights, and can only be counted as a number (it is more chicken, but if there is one, it is counted, and the score does not have much promotion); Moreover, the appearance patent cannot be established and the results of the transformation of the project cannot be transformed.

Hello, design patents.

No, you can't. Recognized as a high-tech enterprise.

Prerequisites:

1. Enterprises registered in China (excluding Hong Kong, Macao and Taiwan) for one year or more have independent intellectual property rights for the core technology of their main products (services) through independent research and development, transfer, donation, mergers and acquisitions in the past three years.

2. Products (services) belong to the scope of the provisions of the "High-tech Fields Supported by the State".

3. Have a college degree.

The scientific and technological personnel with above education account for more than 30% of the total number of employees of the enterprise in the current year, of which the R&D personnel account for more than 10% of the total number of employees in the current year.

Fourth, the total income of high-tech products (services) and its technical income accounts for more than 60% of the total income of the enterprise in the current year.

5. The total R&D expenses in the past three fiscal years accounted for sales revenue.

The proportion of the total amount meets the following requirements:

1. Enterprises with sales revenue of less than RMB 50 million in the most recent year, the proportion shall not be less than 6%;

2. Enterprises with sales revenue of 50 million yuan to 200 million yuan in the latest year, the proportion shall not be less than 4%;

3. For enterprises with sales revenue of more than 20,000 yuan in the latest year, the proportion shall not be less than 3%.

6. The comprehensive score of the four indicators of the enterprise, such as the number of independent intellectual property rights, the ability to transform scientific and technological achievements, the level of research and development organization and management, and the growth of sales and total assets, has reached more than 71 points (including 71 points).

Four indicators identified by high-tech enterprises:

The national high-tech enterprise is recognized by a scoring system: the total score is 100 points, and it must reach 71 points (including 71 points) or more to pass the review. It is divided into four indicators:

1. Core independent intellectual property rights (30 points).

There are 1 invention patent or 6 utility model patents in the past three years.

or 6 software copyrights.

2. Ability to transform scientific and technological achievements (30 points).

3. Sales revenue and total asset growth indicators in the past three years (20 points).

The special audit report for the past three years must be in the accounting firm designated by the high-tech office.

Show it).

4. The level of organization and management of research and development (20 points).

It can be used to clearly point out in the guidelines for the identification of high-tech enterprises that the core independent intellectual property rights stipulated in the "Identification Measures" include: inventions, utility models, and designs that do not simply change the pattern and shape of the product (mainly referring to the designs obtained through the research and development process using scientific and engineering technology methods), software copyrights, exclusive rights of integrated circuit layout designs, and new plant varieties.

So the appearance patent can be used.

Appearance patents cannot be used, but invention patents can be used, and utility model patents have been software copyrights.

As for how many patents are needed in the declaration of high-tech enterprises, there are two statements: the first one: 1 invention patent or 5 utility models; The second: 15-18 patents. So what is the basis for these two claims?

The first type: to apply for high-tech enterprises, only 1 invention patent or 5 utility models. This statement is based on the relevant provisions in the subjective quantitative assessment indicators in the evaluation standards for high-tech enterprises. That is, the total score is 100 points, of which 30 points are for the intellectual property part.

The score of the intellectual property part is composed of several aspects, such as the type, quantity, advancement, relevance with the main product, and the way of obtaining the intellectual property. Among them, the quantitative criterion in the number of intellectual property rights is 1 invention patent or 5 utility model patents, and a full score (8 points) can be obtained in terms of the number of intellectual property rights.

This is the clearest quantitative requirement for the number of intellectual property rights in the high-tech audit system. Taking this as the criterion, it can be concluded that only 1 invention patent or 5 utility models are required for high-tech enterprises to declare.

The second type: 15-18 patents are required to declare high-tech enterprises, and the complete statement should be calculated based on the number of years of establishment of the enterprise, and the number of patents owned by enterprises established for more than 3 years should be the number of years in which Weishi enterprises were established*5.

That is to say, if the enterprise is established for 2 years to declare a high-tech enterprise, the enterprise needs to have no less than 10 patents, and if the enterprise is established for 1 year, it needs to have no less than 5 patents. This statement actually comes from the in-depth interpretation and comprehensive trade-off of the policy documents declared by high-tech enterprises.

Among the subjective quantitative assessment indicators for the evaluation of high-tech enterprises, the total score is 100 points, the intellectual property part accounts for 30 points, the transformation of scientific and technological achievements accounts for 30 points, the R&D organization and management level accounts for 20 points, and the growth index accounts for 20 points.

Legal Analysis:1Determine the scope of protection of design patent rights.

2.Determine whether the patented design product and the infringing product are the same or similar products. It is usually based on the function and use of the product, and at the same time refers to the classification of the goods in the International Design Classification Table.

If the patented design product and the allegedly infringing product are identical in function and use, it can be determined that they are the same or similar goods. If the two are different in function and use, it can be determined that they are neither the same goods nor similar goods, so that the patent infringement is not established.

3. Compare the design patent with the alleged infringing product.

That is, from the perspective of ordinary consumers, the design of the granted patent and the design of the alleged infringing product are mainly observed and judged as a whole. After comparison, the following three outcomes are possible:

1) If the design of the allegedly infringing product is identical to the patented design, it is determined that the former falls within the protection scope of the patent right, and the patent infringement is established;

2) the design of the alleged infringing product is basically the same as the patented design in essential parts, and is similar as a whole, and the patent infringement may also be determined according to the principle of equivalent;

3) If the design of the allegedly infringing product and the patented design are neither the same nor similar in the whole, it is determined that the allegedly infringing product does not fall within the scope of protection of the patent right, and the patent infringement is not established.

Legal basis

Patent Law of the People's Republic of China Article 64 The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims. The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.