Teaching technology [202] number one
Provinces, autonomous regions, municipalities directly under the central government's education department (ces), intellectual property authority (ipr), science and technology department (stech), xinjiang production and construction corps education department, intellectual property board, science and technology directorate, education department (département), intellectual property administration, science and technology department, ministry of higher education, ministry of higher education:
Since the adoption of the national intellectual property strategy framework, the level of intellectual property creation, use and management in higher education institutions has increased steadily and the number of patent applications and authorizations has increased significantly. However, compared to high-level universities abroad, there are issues such as “quantity versus quality” “reiteration of implementation”. In order to improve the quality of university patents in general, to enhance the creation, use and management of high-value patents, and to enhance their role in the economic and social development of tertiary services, the following observations are made。
I. General requests
(i) guidance
Guided by xi's new chinese socialist ideology of the chinese era, the 19th and 19th sessions of the national conference on education are being held in full compliance with the spirit of the party's 19th congresses, 3rd and 4th china congresses, the deployment of the national congress on education, adherence to the new concept of development, the tight focus on high-quality development, the deepening of the innovation-driven development strategy and the intellectual-property-power strategy, the overall upgrading of the quality, efficiency, management level and service capacity of university patents, the promotion of new advances in scientific and technological innovation and the development of disciplines, and the support of the education, science and technology and intellectual-property powers。
(ii) basic principles
Maintain quality priorities. The requirements for high-quality intellectual property development are firmly adhered to, quality priorities are upheld, breakthroughs are identified and targeted, and quality is consistently integrated throughout the creation, management and application of intellectual property in universities。
Highlight transformational orientation. The idea that innovation can be achieved only through the introduction of scientific and technological achievements, such as university patents, and that non-transformation is the greatest loss, highlights the orientation of conversion applications and pushes higher levels of intellectual property management in universities。
Enhanced policy direction. Policies such as financial incentives, appraisals, etc. Play an important role in carrying forward reforms and guiding work, creating and continuously improving policies and measures conducive to improving the quality of patents and enhancing conversion。
(iii) main objectives
By 2022, the whole-process management system of intellectual property rights at tertiary level, covering patent navigation and layout, patent applications and maintenance, patent conversion applications, etc., will have been improved and will be integrated with the science, technology and innovation system at tertiary level, and the science and technology conversion system. By 2025, there has been a marked increase in the quality of patents in higher education, a significant increase in patent capacity, and the licensing and implementation rates of some higher education institutions have reached world-class higher education levels。
Priority tasks
(i) improving the intellectual property management system
1. Sound integrated and coordinated mechanisms for intellectual property. The university shall establish a leadership group on the management and operation of intellectual property rights or on the transfer of scientific and technological results, which shall combine the relevant institutions such as research, intellectual property rights, state finances, personnel, transfer of results and libraries, and shall actively pursue the implementation of the code on the management of intellectual property rights in universities (gb/t 33251-2016), which shall form an integrated and coordinated mechanism for the integration of scientific and technological innovation and intellectual property management and the transfer of scientific and technological results. Colleges of higher learning have been set up to lead teams on the transfer of science and technology results and to include intellectual property management in the terms of reference of the teams。
Establish a robust intellectual property management process for major projects. Institutions of higher education should incorporate intellectual property management into the selection, formulation, implementation, conclusion and transformation of results. :: explore mechanisms for sound patent navigation around major national scientific research projects such as the major science and technology innovations (sti) 2030 project and the priority research and development programme. Before the project is established, patent information, documentary intelligence analysis, ipr risk assessment, identification of research technology routes, and improvement of research and development starting points; during the project implementation, follow up on developments in the field of project research, reoriented research and technical routes in due course, assessing research results in a timely manner and forming intellectual property rights; before the project is accepted, work should be done on the patent layout, protection of technology secrets, etc., and the list of intellectual property rights for project results should be developed; after the project has been completed, patent application should be strengthened to facilitate the transformation of results. Higher education institutions are encouraged to strengthen international patent applications by focusing on niche disciplines, strengthening the distribution of intellectual property rights (iprs) in strategic and emerging industries and related industries in major national economic areas。
3. Gradually develop job science and technology results disclosure systems. Higher education institutions should strengthen the management and servicing of sti results at the source and gradually develop systems to improve job sti disclosure. Scientific researchers should be proactive and timely in disclosing their scientific and technological results to their universities. Higher education institutions raise awareness of the legal risks of innovative entrepreneurship among researchers, and direct them to carry out, in accordance with the law, the transfer of scientific and technological results and to ensure the legitimate rights and interests of higher education institutions. No one may use the results of his or her scientific or technological work to start a business or other acts without the permission of his or her employer. The disclosure of scientific and technical results of classified functions is subject to strict confidentiality requirements。
(ii) pre-patent evaluation
4. Establish a pre-patent evaluation system. In order to determine whether to apply for a patent and to improve the quality of a patent application, qualified higher education institutions should expedite the establishment of a pre-application evaluation system, clearly assess institutions and processes, cost sharing and incentives, and evaluate the technology to be patented. Assessments may be carried out by the institution's intellectual property administration (technology transfer) or by commissioning market institutions. If the evaluation body assesses the scientific and technological results of a job that is not suitable for patenting, and the loss to a higher education institution is caused by the abandonment of the patent, the responsible person who has fulfilled his due diligence obligation and has not made an unlawful profit may be legally exempted from the duty to waive the patent. For the scientific and technological results of the jobs commissioned by enterprises and other social organizations, the parties to the contract are allowed to make an autonomous agreement on whether to apply for a patent。
5. Identification of title and cost-sharing. Higher education is allowed to pursue the search for reform of ownership of job inventions and to take full advantage of incentives, cost-sharing, etc. To promote the quality of patents, in accordance with the principle of reciprocity of rights and obligations. The inventor may not use financial funds to pay for the patent。
Following the evaluation of the patent application, the inventor is encouraged to bear the cost of the patent in respect of the scientific and technological results of the post where the university decides to patent. In the case of a division of ownership between higher education and the inventor, the inventor should bear the cost of the patent in proportion to the ownership right. If ownership is not divided, the sharing of patent costs and the distribution of proceeds is clearly defined; the university bears the full cost of the patent, the proceeds of the patent conversion are distributed at the established rate, after deduction of costs such as the cost of the patent; the inventor bears part or all of the cost of the patent, the proceeds of the patent conversion are deducted from the cost of the patent, etc., where the inventor's cost of the patent is doubled except and returned to the inventor, then distributed according to the established percentage。
Following the evaluation of the patent application, the university enters into a written contract with the inventor for the purpose of transferring the patent application or patent right, in accordance with the procedure established by law, allowing the inventor to apply for the patent on his own initiative, the licensed patent is owned by the inventor, the cost of the patent is borne by the inventor, the proceeds of the patent conversion are paid by the inventor in accordance with the agreed percentage, after the cost of the patent application, transportation costs, etc。
(iii) strengthening specialized institutions and capacity-building
6. Strengthening technology transfer and intellectual property institution-building. Support for the establishment of specialized institutions that integrate the transfer of technology and the management of intellectual property rights in institutions in a position to do so, providing security in terms of personnel, premises and funding, promoting technology transfer and intellectual property rights management in institutions of higher education through platforms and pilot demonstration projects such as the national model institute for the transfer of scientific and technological results and the national centre for information on intellectual property in higher education. Higher education institutions are encouraged to explore market-based operational mechanisms to fully mobilize professional institutions and talent。
Supporting the development of market-based intellectual property rights (iprs) operators and providing specialized services such as intellectual property, legal advice, outcome evaluation and project financing to universities. Higher education institutions are encouraged to work with third-party intellectual property operating service platforms or institutions and to provide third-party professional institutions with a fee for brokering services from the transfer of scientific and technological results. Encourage the integration of higher education institutions with local institutions to set up industrial intellectual property operations centres around local industrial planning and higher education disciplines。
7. Accelerate the development of a professional workforce. To support higher education institutions in setting up courses on technology transfer and intellectual property operations, to strengthen the development of intellectual property-related professions and disciplines, to promote the formation of a pool of professionals in intellectual property management and technology transfer, and to promote the creation of a professional workforce. To encourage universities to form expert committees on the transfer of science and technology results and to introduce technology managers to participate in the entire process of the transfer of science and technology results, such as disclosure of inventions, value assessment, patent applications and maintenance, technology diffusion, and negotiation of a back-to-back process, in order to promote patent conversion。
8. Establishment of an intellectual property management and operations fund. To support universities in setting up intellectual property management and operations funds through school grants, local incentives, transfer of scientific and technological results, to be used to commission third-party professional institutions to operate intellectual property administration, such as patent navigation, patent layout, patent operation, and technology transfer professional institution-building, capacity-building, etc., to create a good cycle of transformational gains。
(iv) optimization of the policy system
Improved talent and recruitment system. Higher education must be oriented towards quality and transformational performance, with greater emphasis on indicators such as the quality and use of patents. In policies such as promotions, performance appraisals, job placements, project closings, talent evaluation and scholarship evaluation, there should be a firm rejection of the simple use of patent applications, authorizations, etc., in order to increase the weight of performance in patent conversion. Support is provided to higher education institutions to set up autonomously technical and managerial positions in the technology transfer series, in accordance with the regulations governing job placement, and to encourage researchers and managers to undertake the transfer of scientific and technological results。
Optimizing patent financing incentives. In order to optimize the quality of patents and promote the transfer of scientific and technological results into orientation, to stop the funding incentives for patent applications, to significantly reduce and phase out the incentives for patent authorization, the inventor or team could be rewarded by “post-subsidy” such as increasing the proportion of conversion returns。
Organizational implementation
(i) improving working mechanisms. The ministry of education, the national intellectual property authority and the ministry of science and technology have established regular communication mechanisms to study, in a timely manner, patent applications, authorizations and conversions in higher education. Higher education institutions need to be deeply aware of the importance of improving the quality of patents, adhere to quality priorities, actively promote the inclusion of quality of patents in key agendas, further improve the level of intellectual property work and promote the creation and application of intellectual property rights. Other types of intellectual property administration may be governed by this opinion。
(ii) enhanced policy direction. Using science and technology conversion performance, such as patent conversion, as an important indicator of the dynamic monitoring and effectiveness evaluation of the construction of first-class universities and first-class disciplines, as well as the evaluation of disciplines, not only the number of patents, but also the higher profile of conversion applications. The selection of a number of higher education institutions for professional intellectual property operations or skills transfer capacity development has continuously enhanced the capacity of higher education institutions to operate intellectual property rights and transfer technology. The national intellectual property office has intensified its scrutiny of patent applications and has tightened the quality of patents. It is opposed to the publication and firm rejection of the ranking of university patent applications and authorizations。
(iii) record-keeping monitoring. By the end of march of each year, higher education institutions, through the national intellectual property agency system, file patents converted in the form of licences, transfers, equity or joint ownership with enterprises. The ministry of education and the national intellectual property authority, on the basis of their records, publish annually the status of patent conversion in higher education and monitor patent transactions. In accordance with certain provisions regulating the conduct of patent applications (national intellectual property authority decree no. 75 of 2017), the monitoring of irregular patent applications in higher education is carried out on a quarterly basis. The state intellectual property administration disallows universities that apply for an irregular patent more than five times a quarter or that have applied for an irregular patent more than 5 per cent of the total patent application in the current year。
(iv) innovative licensing models. Higher education institutions are encouraged to convert patent implementation by general licensing to improve conversion efficiency. Supporting innovative licensing models for higher education institutions that grant patents after three years without justified enforcement, may establish the conditions for licensing, be issued through the relevant platform for the operation of state intellectual property, and be open to public licensing for a certain period of time。
Ministry of education
3 february 2020
Question 10, opinions on improving the quality of patents in higher education for conversion
