The Utility Model Examination Once Again Exerted!

August 22th, 2019

Each year the number of utility model patent applications went up, and the CNIPA began to grasp the quality! The examination for the utility models is now more strict and the examination period has been extended to 7-14 months. The “utility model 100% grantation” circulating in the industry will eventually become the past.

 Grasp the Key Points to Implement

The patent quality improvement project has two strengths in the field of utility model patents. One is to improve the quality of patent examination; the other is to cultivate high-value core patents to improve quality and efficiency. The improve of the quality is the key for the present, and to cultivate high-value is the fundamental and long-term goal.

The quality of examination has two key points. One is responsibility and the other is ability. First of all, we must enhance the position awareness of responsible duties, management work, personnel work, cultural construction and other aspects must be closely related to the promotion of responsibility awareness; secondly promote the improvement of the ability. The ability of the examiner to improve not only involves technical ability, but also comprehensive improvement of the comprehensive ability of social cognitive ability and legal knowledge.

Internal and External Reconstruction and Quality Improvement

High-quality and efficient patent search is the basis for a good examination, and it is also a prerequisite for a good “Grantation”. Rely on the machine inspection reporting system to continuously optimize and improve search capabilities. The Utility Model Examination Department established the Machine Inspection Report System Optimization Team. Continuously train the search team, develop a search training program, and promote the examiner to continuously improve the search ability, so as to make better use of the reporting system, and more efficient and accurate use of the system to handle the work.

In recent years, the continuous increase in the number of applications for utility models poses greater challenges to the review of resources and examination capabilities of utility models. In this case, it is particularly important to effectively use the effectiveness of the utility model machine inspection report. Since 2016, the monthly push rate of the utility model inspection report has been maintained at more than 15%. It plays an important role in improving the quality of patent examination and improving the efficiency of patent examination.

It is understood that the utility model examination department has continuously accumulated data samples for the optimization of the search performance of the utility model machine inspection through examination and practice, clarified the direction of improvement and corrected many functional vulnerabilities of the utility model machine inspection report system. Not only did the rate of missed detection decrease month by month, but also the optimization of 7 system functions such as the retrospective search for increasing the number of missed inspection cases and the increase of the generation time display of the machine inspection report, enriching the push information of the system. In addition, the Utility Model Examination Department also cooperated with the Automation Department of the Patent Office of the State Intellectual Property Office to continuously optimize the system performance, and undertook the research work of the special project “Application Research on Effectiveness Improvement of Machine Inspection Report”.

Focus on Cultivating High Value Patents

The key work of the patent quality improvement project implemented by the utility model examination department includes “patent value indexing and construction of a high-quality utility model patent right stability guarantee mechanism, and the formation of a number of high-quality utility model patents with demonstration and innovative benefits”. In order to do a good job in cultivating high-quality patents, the Utility Model Examination Department has formulated the “Measures for the Recommendation and Evaluation of High-Value Utility Model Patents”, and has tentatively drafted the quality of patent texts, the height of innovation, the analysis of industrial value, and the analysis of the stability of rights. The evaluation dimension of the indicators. In accordance with the relevant work methods, the Utility Model Examination Department carried out the evaluation of a number of high-value utility model patents, and selected a number of high-value practical applications with innovative significance in the field of innovative hotspots such as shared bicycles, household appliances and environmentally friendly products. The new patent embodies the characteristics of the utility model patent “small innovation, great role”, and fully exerts the guiding role of patent examination on technological innovation and the guarantee role of patenting high-value patents.

It is understood that the Utility Model Examination Department will gradually try to strengthen external cooperation, adopt new models, and formulate a number of measures to guide the cultivation of high-value utility model patents. For example, in cooperation with local IPR protection centers, we will explore the discovery mechanism for high-quality applications for specific industry clusters and specific technology fields, and cooperate with specialized review teams to conduct quality audits and establish an authorization guarantee mechanism for high-quality applications to high-value patents.

 

        Sunshine Intellectual Property Group

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