The main targets for the national patent work in the "Tenth Five-year Plan" are: further improvement of patent laws and regulations and patent protection system, patent operation and administration system further adapted to the development of international economy and socialist market economy, environment for patent protection good to the reform and opening up and technology innovation, enhancement of patent professionals, improvement of the patent protection level in enterprises and institutions, obvious contribution by patented technologies to the economic development, continuous increase of the number and quality of patent applications, upgrading of the patent information, speeding up and improvement of the patent examination and granting.
Tasks and measures of the "Tenth Five-year Plan"
1. Give full play to the role of patent system, promote technology innovation, enhance the technology level of the industry
With economy development as the core work, develop the work closely with structure adjustment and industry technology updating, make patent work an important component of national innovation system. Greatly promote the utilization of patent information resource, create and procure more patent rights legally, form products and business with self-dependent intellectual property; while maintain the good work of SMEs' patent work, create a batch of big enterprises and business groups owning self-dependent intellectual property, prominent key products and strong core ability. Take measures to accelerate the industrialization of patent technology.
Continue the patent work in trial cities, "Trial Project for Patent Work in Enterprises", "Model Project for Industrialization of Patented Technologies" and patent trial work for high and new technology development areas.
2. Further build up the patent work system
Complete all levels of local administrative authorities, create coordinated operation mechanism for patent and intellectual property; strengthen the management and construction of local receiving offices; establish patent evaluation system.
Greatly support and develop patent intermediate service agencies, implement the examination and granting system and qualifying system for patent assets evaluation agencies, patent consultation service institutions; enforce the system of training and examination and certificate system for patent asset evaluation practitioners and patent intermediate consultation service staff; improve the supervision mechanism for various intermediate service institutions including patent agencies, patent evaluation and patent information search, licensing trade and patent consultation. Strengthen the role of associations.
Strengthen the western patent system construction, promote the patent work in the west.
Implement the functions that originally belonged to the former Office of the Intellectual Property Conference in all levels of institutions, establish working mechanism for comprehensive coordinating intellectual property issues.
3. Continue to improve policies and rules and regulations, strengthen the protection of patent right
Complete the revision of rules and regulations including the regulations for the implementation of the Chinese Patent Law and patent examination guide, implement the revised patent law. Complete the revision of regulations on patent agents, formulates regulation on service invention.
Further improve the patent protection mechanism of "two-channel operating enforcement system", improve administrative enforcement procedures, solve patent disputes fairly and efficiently according to the rule of law and enhance patent protection.
Formulate the regulations and policy for patent administration, integrate the patent administration and protection rules into the policy for technology innovation of local governments and competent governments in charge of science and technology and economy. Promote the formulation of the patent administrative regulation in various places, formulate the rules for the national patent administration.
Strengthen the legislation of the intellectual property and protection in the newly emerged technology fields, raise related proposals on policies and regulations.
4. Accelerate examination, shorten examination cycle
Take practical measures to facilitate patent examination including the increase of the number of the patent examiners, establishment of supporting examiners group, strengthening of professional training, and expansion of the examiner's examination fields, full utilization of information technology for working efficiency, strengthening of the examination of patent agencies and training of patent agents.
5. Actively promote the construction of information systems, give full play to the role of patent information resources
Provide efficient and good quality computer search system, examination supporting system, flow management system, e-filing system and e-publication system for the patent examination and granting work, basically realize the paperless, electronic and network system of patent application, publication and examination procedures, increase the level and efficiency of patent examination and granting; provide patent information search system to economy, science and technology and industrialization department.
Establish China patent full text coded database; utilize resources from China and abroad, establish patent database for traditional Chinese medicine, gene sequence, chemistry, medicine, agriculture and electronic information.
Continue to implement "China Patent Information Project", establish information network within national administrative departments relating to patent.
6. Improve dissemination to further enhance the intellectual property awareness of the society
Promote the dissemination of the intellectual property to increase the awareness of the whole society.
Such work should:
i. always pay attention to the key work of the country.
ii. give focus on the great events and major issues relating to patent work.
iii. select good model, strengthen the study and publicizing of typical cases and typical experience.
iv. create new ways of dissemination.
v. give full strength to the dissemination system and establish a completed administrative mechanism.
vi. provide advise for leaders of competent departments.
7. Greatly enhance the education of professionals in the filed of patent and development of human resources
Fully utilize the advantages of various kinds of educational training institutions, conduct regular and degree education of intellectual property, give play to the role of China Intellectual Property Training Center, Accelerate the cultivation of professionals, further develop the patent work force.
8. Strengthen the study of intellectual property strategy, tactics and policy, increase the macro-management and decision level
Greatly strengthen the research of strategy, tactics and policy. Establish intellectual property development research institutions. Develop in-depth research on major patent issues, relationship between technology innovation and patent system and its policy; strengthen the research on the patent protection of new technologies, such as computer software, nano technology, gene engineering, biomedicine, biochips, biology engineering and business method brought out by the network technology; develop the study on intellectual property protection to traditional knowledge, genetic resources, folklore; strengthen the research on the relations between patent examination, patent protection and national interests. Carefully prepare patent statistics analysis and prediction work.
9. Comprehensive coordination of foreign related intellectual property, explore a new environment for international cooperation
Enforce the function of comprehensively coordinating foreign related intellectual property work, study the development of international intellectual property system, expand the width and depth of international cooperation, explore the new environment for international cooperation.
Strengthen the communication and cooperation with international organizations, actively participate in the formulation of international rules and regulations, continue the established bilateral and multilateral relations in the field of intellectual property.