Therefore, if you encounter such a problem, you'd better apply for intellectual property rights first. Why is it better for enterprises to apply for intellectual property rights first when applying for the recognition of high-tech enterprises?
the most intuitive benefit of applying for a high-tech enterprise is that the enterprise income tax can be paid at the rate of 15%, while the average enterprise can pay at the rate of 25%.
enterprises often ask, "can we identify high-tech enterprises without intellectual property rights?" The answer here is definitely: "No." It is clearly stipulated in the identification conditions of the Guidelines for the Identification and Management of High-tech Enterprises that enterprises without intellectual property rights cannot be identified as high-tech enterprises.
as we all know, the expert review of high-tech enterprises adopts a scoring system, with a full score of 1. If an enterprise wants to declare success, it must get 7 points or more in the assessment before it can declare the success of high-tech enterprises. However, 7 points is not easy to get, and it is very difficult for most enterprises.
among them, the intellectual property rights of enterprises account for 3 points. In other words, if the enterprise has relevant intellectual property rights, it will be much easier to declare high-tech enterprises if 3 minutes is easy.
so at this time, most enterprises will choose to buy patents to declare high-tech enterprises, which saves a lot of things for enterprises. However, patents can't be purchased indiscriminately. It is generally believed that getting 3 points requires one invention patent, or six utility model patents, or six software copyrights. Of course, six utility model patents and software copyrights can also meet the demand.
requirements for intellectual property rights in the identification of high enterprises
1
Clarify the category of intellectual property rights
First, enterprises need to clarify the category of intellectual property rights and understand the difference between Class I intellectual property rights and Class II intellectual property rights.
in the identification of high-tech enterprises, classified evaluation is adopted for the intellectual property rights of enterprises. The specific classification is as follows:
Class I: invention patents (including national defense patents), exclusive rights of integrated circuit layout design, new plant varieties, national crop varieties, national new drugs and national first-class Chinese medicine protection varieties
Class II: utility model patents, design patents and software copyrights
Relative to.
2
Requirements for determining intellectual property rights
1. Owner
The owner of intellectual property rights should be the applicant enterprise. In addition, during the application period of high-tech enterprises and high-tech enterprise qualifications, when there are multiple owners of intellectual property rights, only one owner can use it at the time of application.
In some enterprises, the owners of intellectual property rights such as patents are inventors, engineers or the owners of enterprises as legal persons. This situation is only effective if the patents are transferred and authorized to the enterprises themselves.
2. Location of acquisition
The intellectual property rights referred to in the high-tech enterprise certification must be authorized or examined and approved in China (authorized by the Chinese Intellectual Property Office) and within the effective protection period of China laws.
it is not supported to obtain intellectual property by enjoying the exclusive license right on a global scale for more than five years. Intellectual property rights obtained in foreign countries or Hongkong, Macao and Taiwan Province regions are not supported.
3. The high acquisition time
only requires that intellectual property rights must be within the effective protection period, and there is no limit on the acquisition time.
the validity of the patent when applying for recognition is subject to the authorization certificate or authorization notice obtained by the enterprise before applying for recognition and the payment receipt can be provided.
4. Ways of obtaining
There are clear requirements for the way of obtaining intellectual property rights in the identification of high-tech enterprises, which must be that the enterprise obtains the ownership of intellectual property rights that play a core supporting role in technology for its main products (services) through independent research and development, transferee, donation and merger.
5. Relevance
Intellectual property in high-tech certification is the core intellectual property of an enterprise, which needs to be closely related to the main business of the enterprise and is the core income source of the enterprise.
6. Quantity
In order to get high marks in the evaluation indicators related to intellectual property rights, enterprises need to ensure that the number of independent intellectual property rights is ≥1 in category I (7-8 points) or ≥5 in category II (5-6 points) before applying for recognition.
3
Additional points for intellectual property rights
Information on enterprises' participation in compiling national standards, industry standards, testing methods and technical specifications (this item is an additional point, and the total score of "intellectual property rights" after additional points is no more than 3 points. Relevant standards, methods and specifications must be certified and recognized by relevant state departments.
frequently asked questions about intellectual property rights in the identification of hi-tech enterprises
1. Q: Can the intellectual property rights in the application be used to declare hi-tech?
a: the main statistics of intellectual property rights in the high-level identification are the intellectual property rights that have been authorized or obtained the certificate of knowledge. The authorization certificate or authorization notice obtained before identification and the payment receipt can be provided shall prevail. Intellectual property rights in these six stages are not counted in the scoring-
application stage of invention patent
1
submission of application documents
2
acceptance notice
3
preliminary examination (confidentiality review)
4
publicity stage (announcement of intellectual property application)
5
. Pay the interest
2
Get the certificate
3
Pay the annual fee regularly (within the 2-year protection period)
4
The patent becomes invalid (turned into public ownership)
Therefore, enterprises must pay attention to calculating and paying attention to the time of approval and authorization of intellectual property rights in the process of preparing high-tech intellectual property rights, make reasonable plans and apply in advance.
The application time for an invention patent is 2-3 years, and the protection period is 2 years (the invention patent can be expedited, which takes about 1 year);
the application time of utility model patent is July-14 months, and the protection period is 1 years;
the application time for design patent is 4-6 months, and the protection period is 1 years.
second, q: can the patents applied for abroad be used?
a: the high-level identification only judges the intellectual property rights authorized in China and within the effective protection period. PCT international applications are not included in the quantitative statistics of intellectual property rights.
if the enterprise has such intellectual property rights, it is recommended that you attach them as other supporting materials to strengthen the proof of the application materials.
3. Q: For enterprises that don't have enough capital for invention patents and want to declare high prices at the same time, what problems should they pay attention to when purchasing patents?
a: purchase and independent application are the most important ways to obtain patent authorization.
Enterprises should pay attention to the following points when purchasing a patent:
1. The patent is effective and has a certain advanced technology, and it is better not to be an appearance patent;
2. The patent can be linked with the scientific research project, which belongs to the research results of a scientific research project;
3. The patent can be embodied in the actual product, and the product has a high proportion of sales.