Measures for China Patent Awards (revised in 2023)
the first Purpose of award
Guiding and promoting intellectual property work plays an important role in supply-side structural reform, innovative country building and high-quality economic development; Encourage and commend patentees and inventors (designers) for their outstanding contributions to technological (design) innovation and economic and social development.
the second Award cycle
China National Intellectual Property Administration and the World Intellectual Property Organization jointly carry out the selection of the China Patent Prize, which is held once a year.
Article Award settings
China Patent Awards include China Patent Gold Award, China Patent Silver Award, China Patent Excellence Award, China Design Gold Award, China Design Silver Award and China Design Excellence Award.
China Patent Gold Award, China Patent Silver Award and China Patent Excellence Award were selected from invention patents and utility model patents, and there were no more than 30 China Patent Gold Awards and no more than 60 China Patent Silver Awards. China Design Gold Award, China Design Silver Award and China Design Excellence Award were selected from the design patents, with no more than 10 gold awards for China design and no more than 15 silver awards for China design. The winning proportion of China Patent Excellence Award and China Appearance Design Excellence Award does not exceed 30% of all kinds of qualified projects.
Article 4 Review organization
The China Patent Award Evaluation Committee (hereinafter referred to as the Evaluation Committee) was established in China National Intellectual Property Administration, and China National Intellectual Property Administration, together with the World Intellectual Property Organization, carried out the evaluation, approval and award of the China Patent Award. The review committee has a review office, which is responsible for the daily organization and coordination.
Article 5 Evaluation index and weight
(1) Invention patents and utility model patents
1. Patent quality (25%). Evaluation: novelty, creativity and practicality; Text quality.
2. Technological advancement (25%). Evaluation: originality and importance; Compared with the advantages and disadvantages of current similar technologies; Universality of patented technology.
3. Application and protection measures and results (35%). Evaluation: patent application and protection measures; Economic benefit and market share.
4. Social benefits and development prospects (15%). Evaluation: social benefits; Industry influence; Policy adaptability.
(2) Design patent
1. Patent quality (25%). Evaluation: innovation and industrial applicability; Text quality.
2. Expression of design points and ideas (25%). Evaluation: uniqueness of design points; Artistic and symbolic; Functionality
3. Application and protection measures and results (35%). Evaluation: patent application and protection measures; Economic benefit and market share.
4. Social benefits and development prospects (15%). Evaluation: social benefits; Development prospect.
Article 6 Recommendation and evaluation procedures
(a) China Patent Award participating projects are recommended by local intellectual property offices, intellectual property management agencies of relevant departments and units in the State Council, national trade associations, academicians of China Academy of Sciences and China Academy of Engineering, etc. according to the requirements of the selection notice of the year.
(two) the evaluation office is responsible for the preliminary examination of the recommended projects, and organize the relevant preliminary evaluation work.
(three) the evaluation office according to the preliminary evaluation, put forward a list of pre winning projects, submitted to the evaluation committee.
(four) the review committee shall examine and approve the list of pre-winning projects, and determine the winning projects and their award levels.
(five) the evaluation office in the China National Intellectual Property Administration municipal government portal publicity selection results.
Article 7 Objection handling
(a) China patent award selection work to accept social supervision, the public has objections to the publicity project, can be put forward to the evaluation office within the specified time.
(2) The review office receives the objection materials, sets up an objection handling team, analyzes the specific situation of the objection, forms the objection analysis materials and handling opinions and reports them to the review committee. After the review committee decides, it will notify the objection party and the project applicant and the recommending unit of the handling opinions.
(three) the relevant personnel involved in the objection handling shall keep the identity of the objector and the relevant objection information confidential.
Article 8 Award
China National Intellectual Property Administration and the World Intellectual Property Organization, according to the publicity of the selection results, will award prizes to projects that have no objection or the objection is not established, jointly award medals and certificates to the inventors (designers) of the projects that won the gold medal, and award medals to the patentee; China National Intellectual Property Administration awarded certificates to the inventors (designers) who won the silver award and the excellence award, and medals to the patentee.
China National Intellectual Property Administration held a meeting with the World Intellectual Property Organization to jointly commend the inventors (designers) and patentees who won the prize.
China National Intellectual Property Administration announced the winning results through TV, Internet, newspapers and other media.
Article 9 Withdraw the prize
For the award-winning project, if it is found that the submitted materials are untrue and there is evidence to prove that they do not meet the award-winning conditions, the evaluation office will put forward the opinion of revoking the award, and with the approval of the evaluation Committee, the award will be revoked and the medals and certificates will be recovered.
If the patent right of the winning project is completely invalid, the China Patent Award granted to the patent will be automatically revoked with the invalidation of the right.
Article 10 These Measures shall be interpreted by the China Patent Award Evaluation Office.
Article 11 These Measures shall be implemented as of the date of issuance. The Notice of China National Intellectual Property Administration Office on Printing and Distributing the Measures of China Patent Awards (Guo Zhi Ban Fa Guan Zi [2018] No.20) shall be abolished at the same time.