申长雨指出，审查工作是国家知识产权局的一项核心职能。专利审查是专利获权的基础和专利保护的源头，党中央、国务院高度重视。习近平总书记多次强调，要提高知识产权审查质量和审查效率。去年，党中央、国务院先后印发知识产权强国建设纲要和“十四五”国家知识产权保护和运用规划，对审查工作作出新的重要部署。

　　申长雨强调，2022年是全面完成审查提质增效五年目标任务的决胜之年，任务十分艰巨。全局上下要深入学习贯彻习近平新时代中国特色社会主义思想，认真落实党中央、国务院决策部署，准确把握当前专利审查工作面临的形势、任务和挑战，坚决完成审查提质增效各项目标任务。要在保持高价值发明专利审查周期稳定的基础上，进一步压减发明专利平均审查周期，积极推进实用新型制度改革，做好我国加入《工业品外观设计国际注册海牙协定》的业务衔接，保持和强化复审无效工作的权威性，严把初审流程关，坚决打击非正常专利申请，守牢意识形态安全底线。要强化对审查工作的综合保障，加强审查员队伍建设，加强智能化技术运用，提高审查工作效能。要进一步发挥基层党组织的战斗堡垒作用和共产党员的先锋模范作用，强化全审查流程廉洁风险防控，营造风清气正的工作环境。

　　局党组成员、副局长廖涛主持座谈会，强调各专利审查业务部门要切实把思想和行动统一到中央精神上来，按照局党组工作部署和申长雨局长讲话要求，以更高的政治站位和强烈的责任担当，认认真真抓好落实，坚决打好审查提质增效攻坚战。

　　局专利局负责同志陪同调研。局机关和专利局有关部门主要负责同志参加座谈。

⒈ Those who apply for registration under the name of a company must provide a copy of the business license and affix the official seal on the copy of the business license;

⒉ If you apply for registration in your personal name, you need to provide a copy of your personal ID card and a copy of the business license of the individual business owner. The copy of the business license of the individual business owner must be stamped with the official seal;

⒊ Provide trademark text or drawings. If the color needs to be protected, color drawings shall also be provided;

⒋ The provision of goods/services to be registered may refer to the tenth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) according to the goods or services provided by the applicant, and the Trademark Office according to the above-mentioned international classification table Fill in the revised "Similar Goods and Services Classification Table";

⒌ Provide a "Trademark Agency Power of Attorney" with official seal or signature, which can be downloaded from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.

Which works can apply for copyright?

All kinds of works stipulated in Article 3 of my country's Copyright Law can apply for registration. Including: literary works; oral works; artistic works; fine arts, architectural works; photographic works; film works and works created in a similar way to filming movies; graphic works and model works such as design drawings, maps, and diagrams; computer software; legal, Other works stipulated by administrative regulations.

How long is the statute of limitations for copyright

A. The protection period for the above rights of citizens' works is the life of the author and fifty years after his death, and ends on December 31 of the fifty year after the death of the author.

B. The term of protection for the above rights of citizen cooperative works is the life of the author and fifty years after his death, and ends on December 31 of the fifty year after the death of the deceased author.

C. Works of legal persons or other organizations, copyrights (except for attribution rights). The term of protection for the above-mentioned rights of service works enjoyed by legal persons or other organizations is 50 years, and ends on December 31 of the fiftieth year after the publication of the work, but Works that have not been published within 50 years after their creation will no longer be protected.

Are there any requirements for the number of words in the registration of written works?

There is no official requirement, but in practice, it is generally required to be 60 characters or more, except for special forms of written works (such as ancient poems, poems, lyrics, etc.).

What is the scope of software copyright protection?

The scope of software copyright protection is the expression of the program and its technical documents, that is, the expression of the protected sentence sequence or instruction sequence and the expression of the text description of the software, without extending the thought, processing, operation method or mathematical concept used in the development of the software. .

1. Copyright and Industrial Property

Intellectual property is the ownership of the results of intellectual labor. It is the exclusive right granted to qualified authors and inventors or owners of results within a certain period of time in accordance with the laws of various countries.

It has two categories: one is copyright (also called copyright, literary property), and the other is industrial property (also called industrial property).

(1) Copyright

Copyright, also known as copyright, refers to the general term for the property rights and moral rights enjoyed by natural persons, legal persons, or other organizations over literary, artistic, and scientific works in accordance with the law. It mainly includes copyright and related rights related to copyright; usually, the intellectual property rights we refer to mainly refer to computer software copyright and work registration.

(2) Industrial property rights

Industrial property rights refer to an intangible property right of practical economic significance in industry, commerce, agriculture, forestry and other industries. From this point of view, the name "industrial property rights" is more appropriate. Mainly include patent rights and trademark rights.

The basic function of an ordinary trademark is mainly to indicate that a certain product or service originates from a specific enterprise, while a certification trademark is only to prove that the product or service using the trademark has a specific quality, meets certain conditions, or meets certain requirements. An important feature of certification marks is the separation of the registrant and the user.

For ordinary trademarks, the registrant can use it himself or allow others to use it. As for the certification mark, the registrant can only allow people who meet the specified conditions to use it on the goods or services they provide, and cannot use it himself, and the applicant for registration of a certification mark usually cannot be an individual. The difference between a certification mark and a common trademark (goods and service marks) (1) A certification mark indicates that the goods or services have a certain quality, and the common mark indicates that the goods or services come from a certain operator.

(2) The registrant of a certification trademark must be an organization established in accordance with the law, with legal personality, and with the ability to detect and supervise the specific quality of goods and services, and the applicant for registration of a common trademark only needs to be a legally registered operator.

(3) When applying for registration of a certification mark, the management rules must be submitted in accordance with the "Registration and Management Measures for Collective Marks and Certification Marks". For ordinary trademarks, applications only need to be submitted in accordance with the "Trademark Law" and the "Regulations for the Implementation of the Trademark Law".

(4) The registrant of a certification mark cannot use the certification mark on the goods or services he manages. Ordinary trademarks must use his own registered trademark on the goods or services he manages.

(5) The certifier standard permits others to use the procedures in accordance with the "Registration and Management Measures for Collective Marks and Certification Marks" and issues a "License of Use". The common trademarks permit others to sign a license contract.

(6) Both certification trademarks and ordinary trademarks can be transferred. However, the assignee of the certification mark must be an organization established in accordance with the law, with legal personality and the ability to test and supervise. The transferees of ordinary trademarks include legally registered individual businesses and partners.

(7) The Trademark Office shall not approve the registration of the same or similar trademark within two years of the expiration of the certification mark. For ordinary trademarks, the Trademark Office can approve the registration of the same or similar trademark within one year.

Qualifications and conditions of applicants for certification of trademark registration

(1) According to Article 3 of the "Trademark Law" and Article 2 of the "Registration and Administration of Collective Marks and Certification Marks", the main qualifications of trademark registration applicants applying for collective trademarks in China are as follows:

"An organization that has the ability to supervise a certain product or service"

(2) The conditions that should be met are:

A. It must be a legally registered enterprise or institution with legal personality.

B. The applicant’s subject qualification certificate issued by the local industry and commerce administration department, that is, the legal document that the applicant has registered according to law and has legal personality, shall also be provided by the competent department stating that the applicant has registered the goods or services designated by the applicant. A document that proves that the specific quality has the ability to detect and supervise.

C. It is necessary to formulate the management rules for the use of the certification mark applied for.

No. 39

In order to fully implement the spirit of General Secretary Xi Jinping’s important instructions on strengthening the protection of intellectual property rights, deepen the implementation of the "delegation of power, control and service" reform decisions and deployment, and actively respond to the demands of the rapid development of economy and technology for examination rules, and improve the quality and efficiency of patent examination, the Intellectual Property Office It is decided to make amendments to the "Patent Examination Guidelines", which are hereby promulgated and shall come into force on January 15, 2021.

Special announcement.

Intellectual Property Office

December 11, 2020

The Intellectual Property Office decided to make the following amendments to the "Patent Examination Guidelines":

1. Amendments to Section 3.5, Chapter 10, Part Two

Amend Section 3.5 of Chapter 10 of Part Two of the "Patent Examination Guidelines" to read as follows:

3.5 Experimental data about supplementary submission

3.5.1 Principles of review

To determine whether the specification is fully disclosed, the content recorded in the original specification and claims shall prevail.

The examiner shall examine the experimental data supplemented by the applicant in order to satisfy the requirements of Article 22, paragraph 3 and Article 26, paragraph 3 of the Patent Law after the application date. The technical effects proved by the supplementary experimental data should be obtained by those skilled in the relevant technical field from the disclosure of the patent application.

3.5.2 Supplementary experimental data for drug patent applications

In accordance with the examination principles in Section 3.5.1 of this chapter, examples of examination involving drug patent applications are given. ,

2. Amendments to Section 4.2.3 of Chapter 10 of Part Two

In the "Patent Examination Guidelines", Part Two, Chapter 10, Section 4.2.3, "Should be written as performance-limited or use-limited" in the paragraph "It should be written as performance-limited or use-limited", and change "in In some fields, such as alloys, the inherent properties and/or uses of the invention alloys should usually be stated." Amend to "In some fields, such as alloys, the inherent properties and/or uses of the invention alloys should usually be stated. ."

The rest of this section has not been modified.

3. Amendments to Section 5.1, Chapter X, Part Two

Amend item (1) in Section 5.1 of Chapter 10 of Part Two of the "Patent Examination Guidelines" to read as follows:

(1) Where a patent application claims a compound, if the chemical name, molecular formula (or structural formula) and other structural information of the compound are recorded in a comparative document, those skilled in the art will think that the claimed compound has been disclosed , The compound is not novel, unless the applicant can provide evidence to prove that the compound cannot be obtained before the filing date.

If the structural information recorded in a comparative document is not sufficient to determine the structural similarities and differences between the claimed compound and the compound disclosed in the comparative document, but in combination with other information recorded in the comparative document, including physical and chemical parameters, preparation methods and effects After comprehensive consideration of experimental data, etc., those skilled in the technical field have reason to assume that the two are substantially the same, and the claimed compound does not have novelty, unless the applicant can provide evidence to prove that the structure is indeed different.

The rest of this section has not been modified.

4. Amendments to Section 6.1, Chapter X, Part Two

Amend Section 6.1, Chapter 10, Part Two of the "Patent Examination Guidelines" to read as follows:

6.1 Creativity of the compound

(1) To judge the inventiveness of a compound invention, it is necessary to determine the structural difference between the claimed compound and the prior art compound, and to determine the technical problem actually solved by the invention based on the use and/or effect obtained by the structural modification. On this basis, it is judged whether the existing technology as a whole provides technical enlightenment for solving the technical problem through this structural transformation.

It should be noted that if a person skilled in the art can carry out such structural modification to solve the technical problem and obtain the claimed compound only through logical analysis, reasoning or limited experiment on the basis of the existing technology , It is believed that the existing technology has technical inspiration.

(2) The use and/or effect brought about by the structural modification of the compound of the recent prior art by the invention can be to obtain a different use from the known compound, or it can be an improvement in a certain aspect of the effect of the known compound. When judging the inventiveness of a compound, if the change in use and/or the improvement of the effect is unexpected, it reflects that the claimed compound is non-obvious and its inventiveness should be recognized.

(3) It should be noted that when judging the inventive step of a compound invention, if the effect of the claimed technical solution is caused by a known inevitable trend, the technical solution is not inventive. For example, there is an insecticide A-R in the prior art, wherein R is a C1-3 alkyl group, and it has been pointed out that the insecticidal effect increases as the number of C atoms of the alkyl group increases. If the insecticide applied for a certain application is A-C4H9, the insecticidal effect is significantly higher than the insecticidal effect of the prior art. Since the prior art pointed out the inevitable trend of improving the insecticidal effect, the application is not creative.

(4) Examples of creativity judgment

V. Amendments to Section 9.2.1, Chapter 10 of Part Two

The "Patent Examination Guidelines" in Part II, Chapter 10, Section 9.2.1, Item (4), "including the General Microbiology Center (CGMCC) of the China Microbial Culture Collection Management Committee (CGMCC) in Beijing, China, and the China Typical Microbiology Center in Wuhan, China Culture Collection Center (CCTCC)." Amended to "Includes the General Microbiology Center (CGMCC) of the China Microbial Culture Collection Management Committee in Beijing, China, the China Type Culture Collection (CCTCC) in Wuhan, and Guangdong Province in Guangzhou Microbial Culture Collection (GDMCC)."

The rest of this section has not been modified.

VI. Amendments to Section 9.3.1.7, Chapter 10, Part Two

Amend Section 9.3.1.7, Chapter 10, Part Two of the "Patent Examination Guidelines" to:

9.3.1.7 Monoclonal antibodies

The claims for a monoclonal antibody can be defined by structural features or by the hybridoma that produces it.

7. Amendments to Section 9.4.2, Chapter 10 of Part Two

(1) Three new paragraphs are added under the title of Inventiveness, Chapter 10, Section 9.4.2 of the "Patent Examination Guidelines", the content is as follows:

To judge the inventiveness of an invention in the field of biotechnology, it is also necessary to judge whether the invention has outstanding substantive features and significant progress. In the judgment process, it is necessary to determine the distinguishing features between the invention and the close prior art according to the specific limitations of different protection subjects, and then determine the technical problem actually solved by the invention based on the technical effect that the distinguishing feature can achieve in the invention, and then judge Whether the prior art provides technical enlightenment as a whole, and based on this, whether the invention is obvious relative to the prior art.

Inventions and creations in the field of biotechnology involve different levels of protection topics such as biological macromolecules, cells, and individual microorganisms. In the ways to characterize these protection themes, in addition to common methods such as structure and composition, they also include special methods such as the deposit number of biological materials. Inventive judgments need to consider the structural differences between the invention and the prior art, the distance between the kinship, and the predictability of technical effects.

In the following, some specific situations in the inventive judgment of different protection themes in this field are shown.

(2) The "Patent Examination Guidelines" Part Two, Chapter 10, Section 9.4.2.1, Item (1) is amended to:

(1) Gene

If a protein encoded by a structural gene has a different amino acid sequence and a different type or improved performance compared to a known protein, and the prior art does not provide the technical enlightenment that the sequence difference brings about the above-mentioned performance changes, Then the gene invention encoding the protein is creative.

If the amino acid sequence of a certain protein is known, the invention of the gene encoding the protein is not inventive. If a protein is known but its amino acid sequence is unknown, as long as those skilled in the art can easily determine its amino acid sequence when the application is filed, the gene invention encoding the protein is not inventive. However, in the above two cases, if the gene has a specific base sequence, and compared with other genes encoding the protein with a different base sequence, it has an effect that those skilled in the art would not expect, then The invention of genes is creative.

If the structural gene claimed by an invention is a naturally available mutant structural gene of a known structural gene, and the claimed structural gene and the known structural gene are derived from the same species, they also have the same properties and functions , The invention is not creative.

(3) Add the peptide or protein item (2) to Section 9.4.2.1, Chapter 10, Part Two of the "Patent Examination Guidelines", with the content as follows:

(2) Peptides or proteins

If the polypeptide or protein claimed by the invention is different from the known polypeptide or protein in amino acid sequence, and has different types or improved properties, and the prior art does not provide the technical enlightenment of the above-mentioned performance changes caused by the sequence difference , The invention of the polypeptide or protein is creative.

(4) Amend "(2) Recombinant vector" in Section 9.4.2.1 of Chapter 10 of Part Two of the "Patent Examination Guidelines" to "(3) Recombinant vector", and insert a paragraph before the original content, with the following content:

If the invention aims at the structural modification of known vectors and/or inserted genes to improve the performance of the recombinant vector, and the prior art does not provide technical enlightenment for improving the performance of the above-mentioned structural modification, the invention of the recombinant vector is inventive.

(5) Amend "(3) Transformation" in Section 9.4.2.1, Chapter 10, Part Two of the "Patent Examination Guidelines" to "(4) Transformation", and insert a paragraph before the original content, with the content as follows:

If the invention aims at the structural modification of a known host and/or inserted gene to improve the performance of the transformant, and the prior art does not provide technical enlightenment for using the above-mentioned structural modification to improve the performance, the invention of the transformant is inventive.

(6) Amend "(4) Fusion Cells" in Section 9.4.2.1, Chapter 10, Part Two of the "Patent Examination Guidelines" to "(5) Fusion Cells".

(7) Amend "(5) Monoclonal Antibody" in Section 9.4.2.1, Chapter 10, Part Two of the "Patent Examination Guidelines" to "(6) Monoclonal Antibody", and amend the content as a whole to:

If the antigen is known, the monoclonal antibody of the antigen characterized by structural features is obviously different from the known monoclonal antibody in the key sequence determining the function and purpose, and the prior art does not provide the monoclonal antibody that obtains the above sequence If the monoclonal antibody can produce beneficial technical effects, the invention of the monoclonal antibody is creative.

If the antigen is known, and it is clear that the antigen is immunogenic (for example, if the polyclonal antibody of the antigen is known or the antigen is a macromolecular polypeptide, it can be known that the antigen is obviously immunogenic), then The invention of monoclonal antibodies limited only by this antigen does not have an inventive step. However, if the invention is further limited by the hybridoma secreting the monoclonal antibody of the antigen, and thus produces unexpected effects, the invention of the monoclonal antibody is inventive.

The rest of this section has not been modified.

This decision will take effect on January 15, 2021.

Which works can apply for copyright?

All kinds of works stipulated in Article 3 of my country's Copyright Law can apply for registration. Including: literary works; oral works; artistic works; fine arts, architectural works; photographic works; film works and works created in a similar way to filming movies; graphic works and model works such as design drawings, maps, and diagrams; computer software; legal, Other works stipulated by administrative regulations.

How long is the statute of limitations for copyright

A. The protection period for the above rights of citizens' works is the life of the author and fifty years after his death, and ends on December 31 of the fifty year after the death of the author.

B. The term of protection for the above rights of citizen cooperative works is the life of the author and fifty years after his death, and ends on December 31 of the fifty year after the death of the deceased author.

C. Works of legal persons or other organizations, copyrights (except for attribution rights). The term of protection for the above-mentioned rights of service works enjoyed by legal persons or other organizations is 50 years, and ends on December 31 of the fiftieth year after the publication of the work, but Works that have not been published within 50 years after their creation will no longer be protected.

Are there any requirements for the number of words in the registration of written works?

There is no official requirement, but in practice, it is generally required to be 60 characters or more, except for special forms of written works (such as ancient poems, poems, lyrics, etc.).

What is the scope of software copyright protection?

The scope of software copyright protection is the expression of the program and its technical documents, that is, the expression of the protected sentence sequence or instruction sequence and the expression of the text description of the software, without extending the thought, processing, operation method or mathematical concept used in the development of the software. .